Beall v. Powell
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 writ— 1st. Because the notice of the signing of the bill of exceptions was not served, within the time prescribed by law. 2d. Because copies of the writ of error and citation were not served on the defendant or his counsel, within the time prescribed by the rules of this Court. 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 writ— 1st. Because the notice of the signing of the bill of exceptions was not served, within the time prescribed by law. 2d. Because copies of the writ of error and citation were not served on the defendant or his counsel, within the time prescribed by the rules of this Court. 3d. Because the Clerk of the Superior Court did not certify and send uq> a complete transcript of the record within the time prescribed by the rules of this Court. And protested against joining issue…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The 4 th section of the Act organizing this Court, requires that notice of the signing the bill of exceptions, shall be given to the adverse party, or his counsel, within ten days after the same shall have been done ; and also, that the Clerk of the Superior Court shall certify, and send up to this Court, the entire record of the cause below, with the bill of exceptions, within ten days after he shall have received the original nolice, with the return of service thereon. The 21st rule of this Court, requires that the writ of error and…
2Cited by3 opinions
- Sanders v. StateSupreme Court of Georgia · 1890
- Holland v. StateCourt of Appeals of Georgia · 1916
- Turner v. CollinsSupreme Court of Georgia · 1850