Byrd v. Goodman

Bell, Justice.

1. While no motion has been made to dismiss the writ of error, yet it is the duty of this court “to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction” (Welborne v. State, 114 Ga. 793, 796, 40 S. E. 857); and where it is apparent that jurisdiction to decide the ease does not exist, there is no lawful course except to dismiss the writ of error ex mero motu. Gilbert v. Tippens, 183 Ga. 497 (3) (188 S. E. 699); Etheredge v. Henderson, 188 Ga. 189 (2) (3 S. E. 2d, 674).

No. 13565. May 15, 1941. Rehearing denied…