Bradley v. Sadler
Supreme Court of Georgia
In response to this motion, counsel for plaintiffs, as a part of his argument, submitted numerous affidavits which, in substance, showed that one of plaintiffs’ attorneys resided in Lexington and one in Hartwell; that the attorney residing in the former place, immediately upon receiving the bill of exceptions from the judge, who resided in Warrenton, forwarded it by mail to the clerk of the superior court of Hart county, where the case was tried ; that the original record…
Read the full summary
In response to this motion, counsel for plaintiffs, as a part of his argument, submitted numerous affidavits which, in substance, showed that one of plaintiffs’ attorneys resided in Lexington and one in Hartwell; that the attorney residing in the former place, immediately upon receiving the bill of exceptions from the judge, who resided in Warrenton, forwarded it by mail to the clerk of the superior court of Hart county, where the case was tried ; that the original record was forwarded by express ; that the attorney resident in Hart-well, upon being informed that the bill of exceptions had…
1Opinion of the Court
1. Where a copy of the bill of exceptions was not served upon opposite counsel until after the expiration of ten days from the certificate of the judge, the writ of error will, on motion, be dismissed. (R.j
2. That such paper was sent to the clerk’s office by counsel living in an adjoining county, and filed on the fourth day after it was certified by the judge, *192and associate counsel residing in the county of the suit asked the clerk several times for the papers in the case, within time for perfect service, who replied that they had not come, will not prevent the dismissal. (R.)
3. Whether a…
2Cited by1 opinion
- Cowart v. PageSupreme Court of Georgia · 1877