Engel v. Speer
Supreme Court of Georgia
Mandamus to compel the signing and certify of a bill of exceptions. Asher Schuerman obtained a verdict against Joseph Engel at the November Term, 1886, of Spalding Superior Court. Engel moved for a new trial, which was, refused. On the first day of June, 1867, Engel’s attorneys presented to Judge Speer, who presided at the time and overruled the motion, a bill of exceptions.
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Mandamus to compel the signing and certify of a bill of exceptions. Asher Schuerman obtained a verdict against Joseph Engel at the November Term, 1886, of Spalding Superior Court. Engel moved for a new trial, which was, refused. On the first day of June, 1867, Engel’s attorneys presented to Judge Speer, who presided at the time and overruled the motion, a bill of exceptions. The Judge refused to certify it, because it had not been presented within thirty days from the adjournment of the Court, and, as he stated, because so long a time had elapsed since the trial, that he had forgotten the…
1Opinion of the CourtWarner, C. J.
This is an application for mandamus nisi against Judge Speer under the 4166th section of the Code. This section of the Code provides, that if from any cause, a bill of exceptions is not certified by the Judge, without fault of the parly tendering the same, he may apply to this Court for mandamus, etc. The petition for mandamus must set out substantially the bill of exceptions tendered, and shall be verified by the attorney as to the truth of the bill as tendered, and by the party or his attorney, as to the other facts stated therein.
This application is not verified by the oath of anybody; but…
2Cited by2 opinions
- Jelley v. RobertsIndiana Supreme Court · 1875
- Sewell v. EdmonstonSupreme Court of Georgia · 1881