Kirby v. Woods
Decision Date | 11 October 1955 |
Docket Number | No. 19051,19051 |
Citation | 90 S.E.2d 4,212 Ga. 20 |
Court | Georgia Supreme Court |
Parties | Ida KIRBY et al. v. A. N. WOODS et al. |
David H. Fritts, Savannah, H. Reginald Thompson, Swainsboro, for plaintiffs in error.
Rountree & Rountree, Swainsboro, for defendants in error.
Syllabus Opinion by the Court
'It is the duty of this court, with or without motion, to inquire into its jurisdiction, and to dismiss a writ of error where jurisdiction is lacking.' Stewart v. Stewart, 208 Ga. 83, 84(1), 65 S.E.2d 151, 152; Chandler v. Foote & Davies Co., 210 Ga. 370, 80 S.E.2d 292.
2. 'All parties who are interested in sustaining the judgment of the court below, or who would be affected by a judgment of reversal, are indispensable parties in the Supreme Court, and must be made parties to the bill of exceptions, or the writ of error will be dismissed.' Emanuel Farm Co. v. Batts, 176 Ga. 552(1), 168 S.E. 316; Malsby v. Shipp, 177 Ga. 54, 169 S.E. 308; Stewart v. Stewart, supra.
All the Justices concur.
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Trammel v. CLAYTON COUNTY BD.
...to examine its jurisdiction over an appeal on its own motion and to dismiss the appeal if jurisdiction is lacking. 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 For defend......
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Close v. Walker Land Corp.
...would not give this court jurisdiction of the bill of exceptions. See Jordan v. Harber, 172 Ga. 139, 153, 157 S.E. 652, and Kirby v. Woods, 212 Ga. 20(3), 90 S.E.2d 4. We can not treat this instrument, designated a bill of exceptions, as tantamount to a notice of appeal under the 1965 Act b......
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Miller v. Miller, 20268
...plaintiff in error, it would be this court's duty, without a motion, to dismiss the writ of error for lack of jurisdiction. Kirby v. Woods, 212 Ga. 20(1), 90 S.E.2d 4. Writ of error All the Justices concur. ...