Opinion
41261.
SUBMITTED APRIL 7, 1965.
DECIDED APRIL 29, 1965.
Appellate procedure. Floyd Superior Court. Before Judge Scoggin.
Parker, Clary Kent, Horace T. Clary, for plaintiffs in error.
Wright, Walther Morgan, Clinton J. Morgan, contra.
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); Johnson 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. Bell, P. J., and Hall, J., concur.