Legal Opinion

Advance Lumber Co. v. Moreland

Supreme Court of Georgia

Decided July 1, 1909PublishedCited by 5 opinions

Motion to dismiss the writ of error.

1Opinion of the CourtLumpkin, J.

1. A mere statement entered on a bill of exceptions, and signed by counsel for plaintiff in error, to tbe effect that he has served a copy of the bill of exceptions andr certificate of the court on counsel for defendant in error, without any affidavit as to such service, is not sufficient, and the case brought up by such bill of exceptions will be dismissed on motion. Westfield v. Mayor etc. of Toccoa City, 80 Ga. 735 (6 S. E. 471).

2. Such an entry of service being insufficient, the want of proper service can not be cured by the filing of an affidavit in this court by the counsel who made the…

2Cases cited2 opinions

  1. Brantley v. McArthurSupreme Court of Georgia · 1909
  2. Westfield v. Mayor of ToccoaSupreme Court of Georgia · 1888

3Cited by5 opinions

  1. Johnson v. McKelvinSupreme Court of Georgia · 1921
  2. Smith v. McKnight Bros.Court of Appeals of Georgia · 1922
  3. Anderson v. HumphriesSupreme Court of Georgia · 1913
  4. Bray v. LangleySupreme Court of Georgia · 1930
  5. Garrett v. NicholsonSupreme Court of Georgia · 1960

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