Legal Opinion

Calloway v. State

Court of Appeals of Georgia

Decided February 3, 1967No. 42506, 42507, 42508, 42509, 42510PublishedCited by 4 opinions

1Opinion of the Court

Jordan, Judge.

1. The motions of the State to dismiss the appeals before this court, because the appellant had not filed copies of his enumerations of error in the trial court as of December 3, 1966, although the appeals were docketed in the Court of Appeals on November 10, 1966, are without merit. The requirement of § 14 of the Appellate Practice Act of 1965, as amended (Ga. L. 1965, p. 243; Code Ann. § 6-810) for filing a copy of the enumeration of error with the clerk of the trial court is not jurisdictional, and the failure to follow this procedural requirement will not vitiate an appeal.…

2Cases cited5 opinions

  1. Griffin v. StateCourt of Appeals of Georgia · 1913
  2. McCrary v. the StateSupreme Court of Georgia · 1960
  3. Rainey v. Housing AuthorityCourt of Appeals of Georgia · 1966
  4. Adams v. MorganCourt of Appeals of Georgia · 1966
  5. Holston v. StateCourt of Appeals of Georgia · 1961

3Cited by4 opinions

  1. Smith v. StateCourt of Appeals of Georgia · 1977
  2. Norton Realty & Loan Co. v. City of GainesvilleSupreme Court of Georgia · 1968
  3. Allen v. StateCourt of Appeals of Georgia · 1968
  4. Norton Realty & Loan Co. v. City of GainesvilleSupreme Court of Georgia · 1968

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