Opinion
36179.
DECIDED MAY 15, 1956.
Action on contract. Before Judge Kelley. Hall Superior Court. February 11, 1956.
C. Winfred Smith, for plaintiff in error.
Telford, Wayne Smith, contra.
Counsel for the plaintiff in error complied with Code (Ann. Supp.) § 6-908.1 (Ga. L. 1946, pp. 726, 735), in accord with the rule requiring notice and an opportunity to be heard. However, this was not an acknowledgment of service or waiver of service of the bill of exceptions, as provided by Code §§ 6-911 and 6-912. It follows that this court is without jurisdiction of the writ of error and it must be dismissed. See Mauldin v. Mauldin, 203 Ga. 123 ( 45 S.E.2d 818); Carter v. State, 204 Ga. 242 ( 49 S.E.2d 492); Henry v. Gillis, 204 Ga. 397 ( 50 S.E.2d 73); State of Georgia, ex rel. Dawson, v. Denmark, 204 Ga. 464 ( 49 S.E.2d 898); Irwin v. LeCraw, 206 Ga. 702 ( 58 S.E.2d 383); Conley Housing Corp. v. Coleman, 210 Ga. 219 ( 78 S.E.2d 503); and Nichols v. Nichols, 210 Ga. 232 ( 78 S.E.2d 513).
Writ of error dismissed. Townsend and Carlisle, JJ., concur.