Legal Opinion

Feldman v. Benson

Court of Appeals of Georgia

Decided October 14, 1954No. 35184PublishedCited by 7 opinions

1Opinion of the CourtNichols, J.

Service by mail of a bill of exceptions upon parties residing in this State is insufficient to enable this court to take jurisdiction of a writ of error. Clark v. Lyon, 48 Ga. 125. Since no return of service, or acknowledgment or waiver thereof, appears, other than the certificate of counsel for the plaintiff in error that he had served counsel for the defendants in error with copies of the bill of exceptions by depositing the copies in the United States mail in a properly addressed envelope with adequate postage, the motion to dismiss the writ of error because it was not served in accordance…

2Cases cited6 opinions

  1. Albritton v. TygartSupreme Court of Georgia · 1913
  2. Clark v. LyonSupreme Court of Georgia · 1873
  3. Presley v. Jones & OglesbySupreme Court of Georgia · 1913
  4. Hardy v. Bank of IlaCourt of Appeals of Georgia · 1942
  5. Burgess v. KeeneCourt of Appeals of Georgia · 1952

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3Cited by7 opinions

  1. Atlanta Newspapers, Inc. v. WattsCourt of Appeals of Georgia · 1955
  2. Anderson v. HeywardCourt of Appeals of Georgia · 1957
  3. Bacon Grocery Co. v. JohnsonCourt of Appeals of Georgia · 1963
  4. Smith v. Georgia Power Co.Court of Appeals of Georgia · 1956
  5. State Mutual Insurance v. ClementCourt of Appeals of Georgia · 1956

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