Washington v. Marcrum
Supreme Court of Georgia
Appeal. Before Judge Butt. Muscogee superior court. February 18, 1898.- An appeal from a justice’s court to the superior court was. not filed in the office of the clerk of the superior court until! May 8, three days before the term to which it was returnable,,. The appellee, when the case was called, moved to dismiss the-appeal, because the plaintiff’s attorney had, by having the; .papers out of the justice’s office from the time of appeal until May 8, caused the delay in…
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Appeal. Before Judge Butt. Muscogee superior court. February 18, 1898.- An appeal from a justice’s court to the superior court was. not filed in the office of the clerk of the superior court until! May 8, three days before the term to which it was returnable,,. The appellee, when the case was called, moved to dismiss the-appeal, because the plaintiff’s attorney had, by having the; .papers out of the justice’s office from the time of appeal until May 8, caused the delay in filing and prevented the return of the papers within the time required by law. The appellanfe attorney stated .under oath…
1Opinion of the CourtLewis, J.
Under section 4468 of the Civil Code it is made the duty of the justice of the peace or notary public to transmit an appeal to the clerk of the superior court at least ten days Before the next superior court. If there should be a failure on the part of the justice to comply with this statute, growing out ■of his own negligence and not through any fault of the plain? tiff, this would not be sufficient ground for dismissing the appeal. It was ruled in the case of Robison v. Medlock, 59 Ga. 598, that an appeal from a justice’s court can not be dismissed for the delay of the magistrate, it not…
2Cases cited4 opinions
- Pearce & Renfroe v. Renfroe Bros.Supreme Court of Georgia · 1881
- Cannon v. SheffieldSupreme Court of Georgia · 1877
- Robison v. MedlockSupreme Court of Georgia · 1877
- Strong v. Atlanta Consolidated Street Railway Co.Supreme Court of Georgia · 1895
3Cited by1 opinion
- Bower v. PattersonSupreme Court of Georgia · 1902