Albitus v. Farmers & Merchants Bank

Where an act is required by statute to be done in open court, such act if done otherwise is illegal and void. Zugar v. State, 194 Ga. 285 (21 SE2d 647) (1942); Wilson v. State, 215 Ga. 446 (1) (111 SE2d 32) (1959); Blevins v. State, 220 Ga. 720 (4) (141 SE2d 426) (1965).

Here the statute requires that a nolle prosequi be entered in open court. Code § 27-1801. This entry, made by rubber stamp and not in fact signed by the judge and not made in open court, is accordingly void. Blanchard v. Taylor, 136 Ga. App. 237, 238 (220 SE2d 757) (1975). A motion was in fact made by the bank to “further…