Hoyt v. Lunsford, 110 S.E.2d 565 (Ga. Ct. App. 1959). · Go Syfert
Hoyt v. Lunsford, 110 S.E.2d 565 (Ga. Ct. App. 1959). Cases Citing This Book View Copy Cite
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HOYT
v.
LUNSFORD
37808.
Court of Appeals of Georgia.
Sep 17, 1959.
Published opinion
110 S.E.2d 565
1959 Ga. App. LEXIS 569
Greer, Henning & Morris, Richard G. Greer, for plaintiff in error., Hudson ■& Hudson, John H. Hudson, Pauline E. Cousins, contra.
Townsend.
Published
Townsend, Judge.

“A waiver of the notice provided for by Code (Ann.) § 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[*195] after approval by the trial judge as provided by Code (Ann.) § 6-911.” Barbaree v. Coffin, 212 Ga. 370 (92 S. E. 2d 860). Neither the acknowledgement of tender of the bill of exceptions, dated June 12, 1959, nor the letter to the trial court dated June 15, 1959, stating that the defendants in error had no objections to offer to the bill of exceptions constitutes an acknowledgment of service of the bill of exception’s in this case the certification of which is dated June 16, 1959. Where Code (Ann.) § 6-911 is not complied with, the bill of exceptions must be

Decided September 17, 1959. Greer, Henning & Morris, Richard G. Greer, for plaintiff in error. Hudson ■& Hudson, John H. Hudson, Pauline E. Cousins, contra.

Dismissed.

Gardner, P.J., and Carlisle, J., concur.