Ewing v. Whitehead

I dissent on the ground that in my opinion we have no jurisdiction of the case and the appeal should be dismissed. While the opinion as written affirms the judgment, and there may not be too material a difference in this particular case between an affirmance and a dismissal, it is the duty of this court to inquire into its jurisdiction, and merely because no motion to dismiss has been made is no cause to ignore the question. Gibson v. Hodges, 221 Ga. 779 (1) (147 SE2d 329).

The enumeration of errors (according to affidavits filed with the clerk of this court) was mailed Saturday, June 22,…