Legal Opinion

Stewart Bros. v. Randall Bros.

Supreme Court of Georgia

Decided October 17, 1912PublishedCited by 19 opinions

Complaint. Before Judge Edwards. Douglas superior court. December 15, 1911.

1Opinion of the CourtFish, C. J.

1. “Where counsel acknowledges service upon a bill of exceptions, such acknowledgment shall be held to be a complete waiver of all defects in the service. which the counsel signing it is legally competent to waive, whether such signing is done before or after the signing of the writ of error, unless counsel in the entry of acknowledgment distinctly and specifically states that it is not to be construed as waiving some particular defect then pointed out by him.” Acts 1911, p. 150, sec. 4.(a) Accordingly, where a bill of exceptions was certified on December 27, 1911, and the following…

2Cases cited1 opinion

  1. New Ebenezer Ass'n v. Gress Lumber Co.Supreme Court of Georgia · 1892

3Cited by19 opinions

  1. McCollum v. ThomasonCourt of Appeals of Georgia · 1924
  2. Roddenberry Hardware Co. v. MerrittCourt of Appeals of Georgia · 1916
  3. Sears, Roebuck & Co. v. Superior Rigging & Erecting Co.Court of Appeals of Georgia · 1969
  4. Carter v. State of GeorgiaCourt of Appeals of Georgia · 1955
  5. Chambers Lumber Co. v. GilmerCourt of Appeals of Georgia · 1939

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