Crews v. Life & Casualty Insurance

Nichols, Judge.

In the case of Plummer v. Moore, 63 Ga. 626, Justice Bleckley, speaking for the Supreme Court, said: “An affidavit made not only after the bill of exceptions was filed, but after the time allowed by law for filing it had expired, is no evidence of service.” Thereafter, the General Assembly in the act of 1885 (Ga. L. 1884-85, p. 102, Code § 6-1302), provided that a bill of exceptions could be served after it was filed; however, it did not change the provision that the affidavit must be filed within the time wherein the bill of exceptions could be filed, or that service must be…