Drury v. City of Woodbine, 36734

Decision Date28 June 1957
Docket NumberNo. 2,No. 36734,36734,2
Citation96 Ga.App. 158,99 S.E.2d 550
PartiesE. D. DRURY et al. v. CITY OF WOODBINE et al
CourtGeorgia Court of Appeals

Benjamin R. Martin, Jr., Woodbine for plaintiffs in error.

Robert W. Harrison, Jr., St. Marys, John K. Calhoun, Atlanta, for defendants in error.

Syllabus Opinion by the Court

CARLISLE, Judge.

1. While the defendant has made no motion to dismiss the writ of error, it is not only the right but the duty of a reviewing court to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction. Welborne v. State, 114 Ga. 793, 796, 40 S.E. 857; Davis v. State, 191 Ga. 558, 13 S.E.2d 351; Milner v. Sunbeam Heating Co., 44 Ga.App. 221(2), 160 S.E. 822; Durrell v. White, 198 Ga. 253, 31 S.E.2d 461.

2. By the terms of Code (Ann.Supp.), § 87-818, exception must be taken to a judgment validating revenue-anticipation certificates within 20 days from from such judgment, and, where the Superior Court of Camden County enters an order validating water revenue certificates of the City of Woodbine on February 16, 1957, and exception is not taken to such judgment until March 16, 1957 (a period of 28 days), this court is without jurisdiction to review that judgment.

Writ of error dismissed.

GARDNER, P. J., and TOWNSEND, J., concur.

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3 cases
  • Reid v. State, 42954
    • United States
    • Georgia Court of Appeals
    • November 14, 1967
    ...question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction. Drury v. City of Woodbine, 96 Ga.App. 158, 99 S.E.2d 550, and cases cited. See also Scott v. Minnix, 95 Ga.App. 589, 98 S.E.2d 196; Lockridge-Rogers Lumber Co. v. City of East......
  • G. M. J. v. State
    • United States
    • Georgia Court of Appeals
    • November 21, 1973
    ...duty of this court to raise and determine the question of our jurisdiction where there can be any doubt as to it. Drury v. City of Woodbine, 96 Ga.App. 158, 99 S.E.2d 550, and citations. If we have no jurisdiction it can not be conferred by a waiver of the parties. (DeLang v. Clare, 137 Ga.......
  • Irby v. Christian
    • United States
    • Georgia Court of Appeals
    • November 16, 1973
    ...226 Ga. 526, 175 S.E.2d 830 as the authority for this contention. That case and similar cases exemplified by Drury v. City of Woodbine, 96 Ga.App. 158(1), 99 S.E.2d 550 deal with the duty incumbent upon the reviewing court to consider the question of the appellate court's jurisdiction to co......

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