Barbaree v. Coffin
Barbaree Et Al. v. Coffin
Opinion
Mobley, Justice.
The onR acknowledgment of service of the bill of exceptions made in this case was as follows: “The undersigned, the attorney at law of E. C. Coffin, defendant in error in the above-stated case, acknowledges that I have been served with a copy of the foregoing bill of exceptions. I hereby waive the privilege and opportunity to be heard on the question of whether or not the bill of exceptions is correct and complete and I hereby approve the foregoing bill of exceptions as correct and complete as to the facts therein stated. This the__________________ day [no date] of February, 1956.” A waiver of the notice provided for by Code (Ann. Supp.) § 6-908.1 as to the correctness and completeness of the bill of exceptions prior to certification by the trial judge does not dispense with service of a copy of the bill after approval by the trial judge, as provided by Code (Ann Supp.) § 6-911.
369 ( 80 S. E. 2d 182 ). Compliance with the latter Code section is essential to give this court jurisdiction.
123 , 45 S. E. 2d 818 ;
Harper v. A. & W. P. R., 204 Ga.
311 , 49 S. E. 2d 513 ;
190 , 65 S. E. 2d 794 ); and where this section is not complied with, the writ of error must be Dismissed.
All the Justices concur.
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