Hines v. Porter
Court of Appeals of Georgia
Certiorari; from Habersham superior court- — -Judge J. B. Jones. August 19, 1920. A motion to dismiss the writ of error was made, on the following grounds: (1) No service of a brief has been perfected by the plaintiff in error on the defendant in error. (2) No sufficient assignment of error is made in the bill of exceptions.
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Certiorari; from Habersham superior court- — -Judge J. B. Jones. August 19, 1920. A motion to dismiss the writ of error was made, on the following grounds: (1) No service of a brief has been perfected by the plaintiff in error on the defendant in error. (2) No sufficient assignment of error is made in the bill of exceptions. (3) The judgment complained of as being rendered by the superior court is not specified in the bill of exceptions or called for as a part of the record material to a clear understanding of the errors complained of. The bill of exceptions states that on August 19, 1920,…
1Opinion of the CourtBroyles, C. J.
1. A failure to comply witli Rule 15 of this court, relating to filing and service of briefs, is not a ground for the dismissal of a writ of error. Rogers v. Mayers, 3 Ga. App. 69 (59 S. E. 309).
2. The motion to dismiss the bill of exceptions on the ground that the assignment of error therein is legally insufficient is without merit. The ruling of the judge of the superior court in dismissing the certiorari was distinctly excepted to and specifically assigned as error in the bill of exceptions, and the alleged reasons why such ruling was error were clearly stated therein.
*179Decided January 25,…
2Cases cited3 opinions
- McPherson v. StroupSupreme Court of Georgia · 1897
- Matthews v. City of ThomastonCourt of Appeals of Georgia · 1917
- Rogers v. MayersCourt of Appeals of Georgia · 1907
3Cited by2 opinions
- Foster v. McLanahanCourt of Appeals of Georgia · 1935
- Little v. Peoples BankCourt of Appeals of Georgia · 1940