Valdosta Coca Cola Bottling Works, Inc. v. Montgomery

Nichols, Judge.

The motion to dismiss the cross-bill of exceptions complains that it was not tendered to the trial court within the time provided by the act of 1946 (Ga. L. 1946, p. 726, 734; Code Ann. § 6-809).

The main bill of exceptions was tendered to the plaintiff by the defendant on May 7, 1960, prior to certification by the trial court on this same date, and at such time the plaintiff waived further service including service of the bill of exceptions after certification. On May 21, 1960, the main bill of exceptions was filed in the office of the clerk, and thereafter on June 9, 1960, the…