Carnes v. Pittman

On Motion for Rehearing.

The defendant in error in his motion for rehearing contends that the ruling of this court in the first division of the opinion is in conflict with the ruling in Parker v. Parker, 208 Ga. 190 (65 S. E. 2d, 794). In the present case the defendant in error signed the entry: “Service of the above and foregoing bill of exceptions acknowledged. Notice waived. Copy received.”

The Code, § 6-911 (1), provides: “Within 10 days after the bill of exceptions shall be signed and certified, the party plaintiff therein shall serve a copy thereof upon the opposite party or his attorney,…