Fielder, Bros. & Co. v. Collier
Supreme Court of Georgia
Motion, to dismiss writ of error. Issue was joined in this case, under protestation, and a motion made to dismiss the writ of error, upon the following grounds: 1st. Because the brief of testimony is not embodied in the bill of exceptions. 2d. Because it does not appear by the Clerk’s certificate, or in any other way, that the entire bill of exceptions was filed in the Clerk’s office within ten days after the Judge’s certificate, or that it ever was filed in said office. 3d.
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Motion, to dismiss writ of error. Issue was joined in this case, under protestation, and a motion made to dismiss the writ of error, upon the following grounds: 1st. Because the brief of testimony is not embodied in the bill of exceptions. 2d. Because it does not appear by the Clerk’s certificate, or in any other way, that the entire bill of exceptions was filed in the Clerk’s office within ten days after the Judge’s certificate, or that it ever was filed in said office. 3d. Because the bill of exceptions, citation, writ of error, and notice, were not filed in the Clerk’s office within the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
A motion is made to dismiss the writ of error in this case, upon the grounds : 1st. Because the brief of the testimony is not embodied in the bill of exceptions.
[1.] It is not necessary that this should be done. Carey, Assignee, &c. vs. Giles, Receiver, (10 Ga. R. 1.) The testimony referred to in the objection are copies of certain interrogatories, which were read on the trial of the cause in the Court *496below. They are appended to the bill of exceptions, and referred to as exhibits, “ marked A, B, and C, and certified by the presiding Judge.” On…
2Cited by3 opinions
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Roberts v. City of CairoSupreme Court of Georgia · 1909
- Colquitt v. SolomonSupreme Court of Georgia · 1878