Myers v. Brooks
Court of Appeals of Georgia
Motion for new trial; from Bibb superior court—Judge Mathews. July 30, 1919. The bill of exceptions recites that “About ten days after the said trial, to wit, on March 14th, 1919, the judge of said court, the honorable H. A. Mathews, in his office in the court-house adjoining the superior-court room, at Macon, Georgia, in the presence of McDougald Nisbet, deputy clerk of said court, and G. S. Westcott, deputy sheriff of said county, in attendance upon the said judge and…
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Motion for new trial; from Bibb superior court—Judge Mathews. July 30, 1919. The bill of exceptions recites that “About ten days after the said trial, to wit, on March 14th, 1919, the judge of said court, the honorable H. A. Mathews, in his office in the court-house adjoining the superior-court room, at Macon, Georgia, in the presence of McDougald Nisbet, deputy clerk of said court, and G. S. Westcott, deputy sheriff of said county, in attendance upon the said judge and court, orally stated that the business of the February term, 1919, of Bibb superior court was concluded, and announced that…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) When the presiding judge dismissed the juries, announced that the business of the term was closed, that the term was adjourned, and had the deputy sheriff in attendance on the court to announce that fact, and “the said judge then left Macon for his home in Fort Yalley, Georgia, with no intention of returning to Macon for the transaction of any further business of said February term of said court,” the term expired, “died a natural death.” Such a term once dead is dead forever, and can know no resurrection morn. There is no law which specifically provides…
2Cases cited3 opinions
- Collier v. StateSupreme Court of Georgia · 1902
- Keen v. Davis & BrandonSupreme Court of Georgia · 1914
- Worthington v. StateSupreme Court of Georgia · 1910
3Cited by2 opinions
- Brinson v. Georgia Railroad Bank & Trust Co.Court of Appeals of Georgia · 1932
- Atlanta Wrecking Co. v. HudsonCourt of Appeals of Georgia · 1934