Legal Opinion

Nicholson v. Balkcom

Supreme Court of Georgia

Decided September 12, 1961No. 21342PublishedCited by 1 opinion

1Opinion of the Court

Duckworth, Chief Justice.

The only showing of service of the bill of exceptions is a certificate by plaintiff in error that he had served the defendant by mailing same. This clearly falls short of the requirement found in the statute (Code Ann. § 6-911; Ga. L. 1953, Nov-Dec. Sess., pp. 440, 456). The record thus showing a lack of service, the Supreme Court is without jurisdiction, and the writ of error must be dismissed. Walden v. Weston, 183 Ga. 276 (188 SE 335); Warnock v. Woodard, 183 Ga. 367 (188 SE 336).

Writ of error dismissed.

All the Justices concur.

2Cases cited2 opinions

  1. Warnock v. WoodardSupreme Court of Georgia · 1936
  2. Walden v. WestonSupreme Court of Georgia · 1936

3Cited by1 opinion

  1. Bacon Grocery Co. v. JohnsonCourt of Appeals of Georgia · 1963