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CAPE v. AMERICAN SECURITY INSURANCE COMPANY

36666.

95 Ga. App. 604 (1957)

98 S.E.2d 152

CAPE v. AMERICAN SECURITY INSURANCE COMPANY.

Court of Appeals of Georgia.

Decided April 23, 1957.

Attorney(s) appearing for the Case

Thomas M. Stubbs, Jr., Thomas D'Alessio, for plaintiff in error.

Smith, Kilpatrick, Cody, Rogers & McClatchey, Sidney Haskins, George B. Haley, Jr., contra.

NICHOLS, J.

In the present case where there was no service of the bill of exceptions on the defendant in error or its counsel, and where there was no waiver this court is without jurisdiction of the writ of error. Folsom v. Rountree Grocery Co., 89 Ga.App. 662 (80 S.E.2d 492), and citations. The fact that counsel for the defendant in error, prior to the time the bill of exceptions...

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