Lane v. Robinson
Supreme Court of Georgia
Mandamus. Bill of Exceptions from Morgan Superior Court. May Term, 1869. Dismissed, and cause'afterwards reinstated. Abner M. Partee and wife filed a bill against Dawson B. Lane and Early W. Thrasher, and in May, 1869, had a decree against said defendants. They moved for a new trial.
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Mandamus. Bill of Exceptions from Morgan Superior Court. May Term, 1869. Dismissed, and cause'afterwards reinstated. Abner M. Partee and wife filed a bill against Dawson B. Lane and Early W. Thrasher, and in May, 1869, had a decree against said defendants. They moved for a new trial. This motion was heard, at Chambers and overruled ; within thirty days after this decision, defendant’s solicitors tendered a bill of exceptions to the Judge. lie was willing to certify to its truth, with a certain exception. Instead of returning it to them, with his objections^ he retained it, waiting to see…
1Opinion of the CourtWarner, J.
When the case was called in its order on the docket of this Court, a motion was made to dismiss it, on the ground that the bill of exceptions was not certified and signed by the presiding Judge, within thirty days from the date of the decision made at Chambers. The motion was sustained, the writ of error was dismissed, and the judgment of the Court below *470was affirmed. The next morning, before the minutes of the Court had been read and approved, the counsel for plaintiff in error made a motion for mandamus nisi to be directed to the presiding Judge of the Superior Court, requiring him to show…
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