Legal Opinion

Goodwin v. Kennedy

Supreme Court of Georgia

Decided May 23, 1896PublishedCited by 5 opinions

Head & Head, for plaintiff in error.

1Opinion of the CourtLumpkin, J.

Where the only evidence of the service of a bill of exceptions consists of an entry thereon signed by the attorney of the plaintiff in error, which is not sworn to, the writ of error must be dismissed. When service is made in this manner, it must be authenticated by the attorney’s affidavit, made at the time of service and entered upon, or attached to, the bill of exceptions. Burney v. Collins, 50 Ga. 90; Cloud v. State, Ibid, 369; Mead v. Bridges et al., 72 Ga. 32. Writ of error dismissed.

2Cases cited2 opinions

  1. Head v. BridgesSupreme Court of Georgia · 1883
  2. Burney v. CollinsSupreme Court of Georgia · 1873

3Cited by5 opinions

  1. Brantley v. McArthurSupreme Court of Georgia · 1909
  2. Duke v. SimsCourt of Appeals of Georgia · 1943
  3. Wright v. WheatleySupreme Court of Georgia · 1953
  4. Crews v. Life & Casualty InsuranceCourt of Appeals of Georgia · 1960
  5. Garrett v. NicholsonSupreme Court of Georgia · 1960