Grace v. Gordon

On December 21, 1900, Judge Smith of the Oconee circuit granted a permanent injunction to restrain a certain sheriff’s sale. The defendants presented to him a bill of exceptions complaining of this judgment, and he signed and certified it on January 5, 1901. In the meantime Judge Smith’s term of office had expired, and his successor had qualified. Under the provisions of section 5540 of the Civil Code, the case was one in which a “ fast ” writ of error was provided for, and it was brought to this court under that section. The defendant in error made, in this court, a motion to dismiss the…