Fricks v. Cole, 41261
| Citation | 111 Ga.App. 635,142 S.E.2d 382 |
| Decision Date | 29 April 1965 |
| Docket Number | No. 41261,No. 3,41261,3 |
| Parties | Alfred N. FRICKS et al. v. Marvin C. COLE |
| Court | United States Court of Appeals (Georgia) |
Parker, Clary & Kent, Horace T. Clary, Rome, for plaintiffs in error.
Wright, Walther & Morgan, Clinton J. Morgan, Rome, for defendant in error.
Syllabus Opinion by the Court
It is the duty of this court to inquire into its jurisdiction, and where it appears that jurisdiction is lacking, the court should dismiss the writ of error, even though the defendant in error has made no motion to dismiss. Personal Credit Corp. v. Goldwire, 88 Ga.App. 125, 76 S.E.2d 129. Service of a copy of the bill of exceptions on the defendant in error or his attorney after it has been certified by the trial court, or due and legal waiver or acknowledgment thereof by the defendant in error or his counsel is essential to give the appellate court jurisdiction to consider the errors assigned. Code Ann. § 6-911; South Side Atlanta Bank v. Anderson, 200 Ga. 322, 37 S.E.2d 404. Accordingly, where, as in this case, there is no acknowledgment of service signed by the defendant in error or his attorney attached to the bill of exceptions, nor is there a certificate of service appended thereto, the writ of error must be dismissed. Ray v. Edwards, 106 Ga.App. 270, 126 S.E.2d 647; Johnston v. First Nat. Bank of Brunswick, 220 Ga. 340, 138 S.E.2d 670; Warnock v. Woodard, 183 Ga. 367, 188 S.E. 336; Izlar v. Central of Ga. R. Co., 162 Ga. 558, 134 S.E. 315.
Writ of error dismissed.
To continue reading
Request your trial
-
Trammel v. CLAYTON COUNTY BD.
...Kirby v. Woods, 212 Ga. 20(1), 90 S.E.2d 4 (1955); Peoples Loan Co. v. Allen, 198 Ga. 516, 518, 32 S.E.2d 175 (1944); Fricks v. Cole, 111 Ga.App. 635, 142 S.E.2d 382 (1965). For defendants to bring a cross-appeal, this Court must have jurisdiction of the underlying appeal. OCGA § 5-6-38; Wo......
- Metropolitan Life Ins. Co. v. Plumstead, 41251