BARBAREE v. COFFIN

MOBLEY, Justice.

The only acknowledgment of service of the bill of exceptions made in this case was as follows: "The undersigned, the attorney at law of E. C. Coffin, defendant in error in the above-stated case, acknowledges that I have been served with a copy of the foregoing bill of exceptions. I hereby waive the privilege and opportunity to be heard on the question of whether or not the bill of exceptions is correct and complete and I hereby approve the foregoing bill of exceptions as correct and complete as to the facts therein stated. This the ____ day [no date] of February, 1956." A waiver of the notice provided for by Code (Ann. Supp.) § 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 after approval by the trial judge, as provided by Code (Ann Supp.) § 6-911. Statham v. Saxon, 210 Ga. 369 ( 80 S.E.2d 182). Compliance with the latter Code section is essential to give this court jurisdiction. ( Mauldin v. Mauldin, 203 Ga. 123, 45 S.E.2d 818; Harper v. A. W. P. R., 204 Ga. 311, 49 S.E.2d 513; Parker v. Parker, 208 Ga. 190, 65 S.E.2d 794); and where this section is not complied with, the writ of error must be

Dismissed. All the Justices concur.