Clarke & Wood v. Brooke
Court of Appeals of Georgia
Certiorari; from Fulton superior court—Judge Ellis. January 20, 1919. The case is described in the bill of exceptions as “the case of Clarke & Wood versus J. P. Brooke et al., for use of J. P. Brooke, the same being a certioriari,” etc. The bill of exceptions does not elsewhere mention the defendant or defendants in error. An acknowledgment of service thereon is signed, “W. H. Lewis, attorney for defendant in error.”
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Certiorari; from Fulton superior court—Judge Ellis. January 20, 1919. The case is described in the bill of exceptions as “the case of Clarke & Wood versus J. P. Brooke et al., for use of J. P. Brooke, the same being a certioriari,” etc. The bill of exceptions does not elsewhere mention the defendant or defendants in error. An acknowledgment of service thereon is signed, “W. H. Lewis, attorney for defendant in error.” The judgment complained of is dated January 20, 1919. The bill of exceptions says: “Plaintiffs in error come on this the 19th day of March, 1919, and within the time prescribed…
1Opinion of the CourtBloodworth, J.
1. The motion to dismiss the bill of exceptions is overruled.
(а) The cases cited and relied upon by defendant in error to sustain the 1st and 2d grounds of the motion to dismiss were decided before the act approved Aug. 21, 1911 (Ga. Laws, 1911, p. 149). See sections 3 and 4 of that act, and Bank of Dalton v. Clark, 19 Ga. App. 729 (3) (92 S. E. 40).
(б) Counsel for the defendants in error cites certain cases to sustain the 3d ground of his motion to dismiss. These were decided before the act of 1896 (Ga. L. 1896, p. 45). See Hammond v. Hammond, 135 Ga. 768 (3), 770 (70 S. E. 588); Harnage v.…
2Cases cited3 opinions
- Harnage v. StateCourt of Appeals of Georgia · 1910
- Hammond v. HammondSupreme Court of Georgia · 1911
- Bank of Dalton v. ClarkCourt of Appeals of Georgia · 1917