Arnold v. Wells
Supreme Court of Georgia
Motion to dismiss the writ of error. The defendant in error joined issue with a protestation, and moved to' dismiss the case— 1st. Because there is no notice of the signing of the bill of exceptions. 2d. Because of the discrepancy between the parties to the original cause, as certified and sent up in the record, and in the writ of error. 3d.
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Motion to dismiss the writ of error. The defendant in error joined issue with a protestation, and moved to' dismiss the case— 1st. Because there is no notice of the signing of the bill of exceptions. 2d. Because of the discrepancy between the parties to the original cause, as certified and sent up in the record, and in the writ of error. 3d. Because it does not appear, from the certificate of the Clerk, that the transcript of the record was certified and sent up, within the time prescribed in the Statute. The facts were, that instead of filing a notice of the signing of the bill of…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The writ was dismissed in this case,
[1.] First. Because the record furnishes no evidence that there was any notice of the signing of the bill of exceptions. There was notice of the filing of the bill — that is not enough. The Statute requires that the party defendant in error, shall be notified of the signing of the bill of exceptions.
[2.] Second. Because it does not appear, from the record, that the Clerk certified and sent up the transcript and bill, within the time prescribed by law. The certificate is in blank, as to the day of the month, and…
2Cited by6 opinions
- Ramey v. O'ByrneSupreme Court of Georgia · 1904
- Atlantic Coast Line Railroad v. Georgia Sweet Potato Growers Ass'nSupreme Court of Georgia · 1930
- Head v. Marietta Guano Co.Supreme Court of Georgia · 1906
- Bivens v. ToddSupreme Court of Georgia · 1966
- Ætna Casualty & Surety Co. v. NuckollsCourt of Appeals of Georgia · 1943
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