Black v. Columbia Phonograph Co.

1. Where delay of the clerk of the trial court to prepare and certify a transcript of the record within the time prescribed by statute is not caused by his own laches, but by the active interposition of counsel for the plaintiff in error, such as withholding from the clerk’s office necessary papers appertaining. to the case, the writ of error will be dismissed. Farrar v. Oglesby, 84 Ga. 188 (11 S. E. 133); Code of 1933, § 6-1001. It appears from the clerk’s certificate to the record that the bill of exceptions in this case was filed in his office on February 25, 1935, and that his inability…