Legal Opinion · Dissent

Ewing v. Whitehead

Court of Appeals of Georgia

Decided January 21, 1969No. 43835Published

1DissentDeen, Judge

The Supreme Court of Georgia has repeatedly held that “in the absence of providential cause, the appellant failed to perfect his appeal by not filing his enumeration of errors within 10 days and that the case must be dismissed.” The latest expression on this point is in the decision in Hart v. Radney, 224 Ga. 686 (164 SE2d 128).

Judge Whitman, in the recent case of Gardner v. State, 117 Ga. App. 262, 264 (160 SE2d 271), stated “providential cause includes such acts only as may be attributed to an act of God.” In Evans ,& Pennington v. Nail, 7 Ga. App. 129, 136 (66 SE 543), Judge Russell…

2Cases cited7 opinions

  1. Griffith v. MitchellSupreme Court of Georgia · 1903
  2. Evans & Pennington v. NailCourt of Appeals of Georgia · 1909
  3. Gardner v. StateCourt of Appeals of Georgia · 1968
  4. Osborn v. HaleSupreme Court of Georgia · 1883
  5. Farr v. StateSupreme Court of Georgia · 1901

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