Fricks v. Cole

Frankum, Judge.

It is the duty of this court to inquire into its jurisdiction, and where it appears that jurisdiction is lacking, the court should dismiss the writ of error, even though the defendant in error has made no motion to dismiss. Personal Credit Corp. v. Goldwire, 88 Ga. App. 125 (76 SE2d 129). Service of a copy of the bill of exceptions on the defendant in error or his attorney after it has been certified by the trial court, or due and legal waiver or acknowledgment thereof by the defendant in error or his counsel is essential to give the appellate court jurisdiction to consider the…