Legal Opinion

Tribble v. Chadwick

Court of Appeals of Georgia

Decided December 2, 1954No. 35414PublishedCited by 2 opinions

1Opinion of the CourtCarlisle, J.

1. “Service of the bill of exceptions, or due and legal waiver or acknowledgment of service, is essential to give this court jurisdiction of the cause.” Izlar v. Central of Ga. Ry. Co., 162 Ga. 558 (134 S. E. 315).

2. Service of a bill of exceptions before it is certified by the trial judge is no service. Duke v. Sims, 70 Ga. App. 318 (28 S. E. 2d 174); Bush v. Smith, 77 Ga. App. 329 (48 S. E. 2d 582).

3. While it is true that, “where counsel shall acknowledge service upon a bill of exceptions, such acknowledgment shall be held to be a complete waiver of all defects in the service which the…

2Cases cited5 opinions

  1. Bush v. SmithCourt of Appeals of Georgia · 1948
  2. McGreggor v. W. L. Florence Construction Co.Supreme Court of Georgia · 1951
  3. Izlar v. Central of Georgia Railway Co.Supreme Court of Georgia · 1926
  4. Duke v. SimsCourt of Appeals of Georgia · 1943
  5. Bussell v. Savannah Guano Co.Court of Appeals of Georgia · 1929

3Cited by2 opinions

  1. Aycock v. Fulton CountyCourt of Appeals of Georgia · 1957
  2. Hampton v. StateCourt of Appeals of Georgia · 1959

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API