Moss v. Burch

Where the only evidence of the service of a bill of exceptions consisted of an acknowledgment thereon in these words: “Due and legal service acknowledged on the within bill of exceptions; copy and all further service is hereby waived,” signed by counsel for the defendant in error after the expiration of more than ten days from the date upon which *95the bill of exceptions was certified, the service was too late, and a motion to dismiss the writ of error must be sustained. Phillips v. McNeice, 50 Ga. 358; Marietta Paper Co. v. Faw, 64 Ga. 450. Writ of error dismissed.

May 11, 1896. Argued at the…