Binyard v. State
Supreme Court of Georgia
Accusation of attempting to prevent laborer from working. Before Judge Norwood. City court of Savannah. September 7, 1906. An accusation under the Penal Code, §123, charged Binyard and Brown with having, on August 1, 1906, by threats attempted to prevent Amos Wright from engaging in, remaining in, or performing his duties as a laborer in the employment of the Smith & Kelly Company.
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Accusation of attempting to prevent laborer from working. Before Judge Norwood. City court of Savannah. September 7, 1906. An accusation under the Penal Code, §123, charged Binyard and Brown with having, on August 1, 1906, by threats attempted to prevent Amos Wright from engaging in, remaining in, or performing his duties as a laborer in the employment of the Smith & Kelly Company. On the trial «there was evidence to the effect that the-Smith & Kelly Company were engaged in business in the city of Savannah, as stevedores, and that on the date named in the accusation, Amos Wright was in their…
1Opinion of the CourtEvans, J.
1. The Supreme Court is without jurisdiction to pass upon, the merits of any bill of exceptions the recitals of fact in which are not duly certified to be true. Civil Code, § 5526; Cade v. DuBose, 125 Ga. 832, and cit.(a) Exceptions pendente lite must be not only tendered within the time prescribed by statute, but, if “allowed” in the trial court (Civil Code, § 5526), also “certified to be true by the judge and ordered to be placed' on the record." Civil Code, §5541; Howard v. Chamberlin, 64 Ga. 684, 694; Nacoochee Co. v. Davis, 40 Ga. 309.(b) Merely granting leave to file a paper, or…
2Cases cited5 opinions
- Nacoochee Hydraulic Mining Co. v. DavisSupreme Court of Georgia · 1869
- Howard v. Chamberlin, Boynton & Co.Supreme Court of Georgia · 1880
- Cade v. DuBoseSupreme Court of Georgia · 1906
- Jackson v. StateSupreme Court of Georgia · 1903
- Williams v. StateSupreme Court of Georgia · 1904
3Cited by9 opinions
- Cady v. CadySupreme Court of Georgia · 1926
- Middle Georgia Lumber Co. v. HuntCourt of Appeals of Georgia · 1936
- MacNeill v. MaddoxSupreme Court of Georgia · 1942
- Grant v. DerrickSupreme Court of Georgia · 1908
- Prater v. PraterSupreme Court of Georgia · 1913
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