Atkins v. Winter
Supreme Court of Georgia
Motion to dismiss the writ of error. On January 26,1904, the bill of exceptions was tendered to the judge, who, in his certificate, states that it “ was by me on the 28th day of January, 1904, returned to counsel for plaintiff in ■error for correction, suggesting that the corrections be made after •conference with the counsel on the other side, and is now presented to me in its corrected form for certificate.
Read the full summary
Motion to dismiss the writ of error. On January 26,1904, the bill of exceptions was tendered to the judge, who, in his certificate, states that it “ was by me on the 28th day of January, 1904, returned to counsel for plaintiff in ■error for correction, suggesting that the corrections be made after •conference with the counsel on the other side, and is now presented to me in its corrected form for certificate. This 9th day •of March, 1904.” The defendant in error moved to dismiss the 'writ of error, because the corrected bill of exceptions was not presented within thirty days after the…
1Opinion of the CourtLamar, J.
The office of the bill of exceptions is not only to Verify the recitals, but to authenticate itself, and to show all facts, including the signature within the proper time, needed to give this court jurisdiction. A defective bill of exceptions can not be aided by extrinsic evidence, except in cases expressly provided for by statute. We therefore can not consider the ■affidavit setting up reasons why the plaintiff in error waited until the return of the judge to the county before presenting the corrected bill of exceptions-for signature. Nor does the fact that the order required him to confer…
2Cases cited2 opinions
- Candler v. ClarkeSupreme Court of Georgia · 1892
- Western Union Telegraph Co. v. RyalsSupreme Court of Georgia · 1894
3Cited by23 opinions
- Gray Lumber Co. v. GaskinSupreme Court of Georgia · 1905
- Roberts v. Northwestern National Life InsuranceSupreme Court of Georgia · 1915
- Turner v. TurnerSupreme Court of Georgia · 1940
- Meador v. CallicottSupreme Court of Georgia · 1907
- Dykes v. BrockSupreme Court of Georgia · 1907
18 more not listed; retrieve them via the Exa API.