State ex rel. Hodges v. Powers
Supreme Court of Georgia
Application for mandamus. The .application of Henry Hodges in this case, showed that he was the defendant in a cause tried in Dooly Superior Court. That to the decisions of the Court in that case, he had filed a bill of exceptions, which was duly signed and certified by Son. A. P. Powers, the presiding Judge.
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Application for mandamus. The .application of Henry Hodges in this case, showed that he was the defendant in a cause tried in Dooly Superior Court. That to the decisions of the Court in that case, he had filed a bill of exceptions, which was duly signed and certified by Son. A. P. Powers, the presiding Judge. That he had given notice thereof to the opposite party, and filed the bill of exceptions, notice, writ of error, and citation, in the Clerk’s office, as required by the law and rules of this Court. That since the filing of the bill of exceptions, he Ayas informed, and believed that Judge…
1Opinion of the Court
By the Court.
Lumpicin, J.,
delivering the opinion.
[1.] This application for a mandamus must be refused. In Heard vs. Heard (8 Cta. B. 380) this Court held that the Circuit Judge had no right to interfere with the bill of exceptions after it has been signed and certified by him and filed with the Clerk. That his duty is then performed, and his control over the bill of exceptions at an end. That his power in the premises has entirely terminated. Adhering to the opinion there expressed, and we see no cause to change it, the alteration made in the bill of exceptions in this case, after the same…
2Cited by8 opinions
- Georgia, Florida & Alabama Railway Co. v. LasseterSupreme Court of Georgia · 1905
- King v. StateSupreme Court of Georgia · 1929
- Crawfokd v. CookCourt of Appeals of Georgia · 1934
- Eberle v. KingSupreme Court of Oklahoma · 1908
- Bridges v. Kuykendall & BrotherMississippi Supreme Court · 1881
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