Mayor of Monticello v. Lawrence
Supreme Court of Georgia
Practice in the Supreme Court. February Term, 1879. The motion for a new trial in this case was overruled on December 11, 1877, and the bill of exceptions to such judgment certified by the presiding judge on January 11, 1878. The bill of exceptions recited that it was presented within thirty days from the rendition of the judgment complained of. The certificate of the judge was in the usual form, and contained no explanation of the delay.
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Practice in the Supreme Court. February Term, 1879. The motion for a new trial in this case was overruled on December 11, 1877, and the bill of exceptions to such judgment certified by the presiding judge on January 11, 1878. The bill of exceptions recited that it was presented within thirty days from the rendition of the judgment complained of. The certificate of the judge was in the usual form, and contained no explanation of the delay. Neither the record nor bill of exceptions showed when the term of the court at which the motion was overruled adjourned. When the case was called in this…
1Opinion of the Court
Bleckley, Justice.
We are furnished with but two dates, that of the decision on the motion for a new trial, and that of the judge’s certificate to the bill of exceptions, and these are thirty-one days apart. If the court adjourned in the intermediate time, or if its session continued until or beyond, the signing of the certificate, and if there was any -proper evidence of this, either in the record or the bill of exceptions, the lapse of more than thirty days between the decision and the time of certifying would make no difference. The court may have adjourned upon the day the motion for a new…
2Cited by5 opinions
- Castleberry v. ParrishSupreme Court of Georgia · 1910
- Capers v. BallSupreme Court of Georgia · 1955
- Spivey v. NalleySupreme Court of Georgia · 1957
- Howell v. CornelisonCourt of Appeals of Georgia · 1938
- Faircloth v. Employers Mutual Fire InsuranceCourt of Appeals of Georgia · 1965