Budden v. Brooks

1. Whenever it appears that the clerk of a trial court has failed to transmit to the Supreme Court, within the time prescribed by law, a bill of exceptions and transcript, and that an attorney for the plaintiff in error “has been the cause of the delay, . . by'consent, direction, or procurement of any kind, the writ of error will be dismissed. Civil Code, §§ 5571, 5572; Brunswick Book Co. v. Torsch Co., 112 Ga. 537; Ashley v. Howard, 99 Ga. 132.

2. The bill of exceptions in this case was filed in the clerk’s office of the superior court January 27, 1905. The transcript of the record was…