Jackson v. Chastain
Supreme Court of Georgia
Practice in Supreme Court. At September Term, 1881. The bill of exceptions in this case was signed February 26th, 1881, and filed in the office of the clerk of the superior court of Murray county on the same day.
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Practice in Supreme Court. At September Term, 1881. The bill of exceptions in this case was signed February 26th, 1881, and filed in the office of the clerk of the superior court of Murray county on the same day. The record and bill of exceptions were filed in the office of the clerk of the supreme court on April 5th, 1881. On motion to dismiss, Mr. Moore, counsel for plaintiff in error, made the following statement, which was agreed upon as correct : “ About the close of the term I handed the clerk the bill of exceptions in this case, and knowing he had just come into office and had no…
1Opinion of the Court
JACKSON, Chief Justice.
The record was not transmitted to this court within the time prescribed by law, apd prior to the act of 1877 the .bill of exceptions must have been dismissed. Will that act save it from this fate ? Not if the counsel for plaintiff in error participated in the cause of the delay. He did participate in it, according to the statement of Mr. Moore, agreed upon as the true facts of the case. But for his interposition, in all human probability, the transcript of the record would have been sent in time. No matter that he interposed from the best motives, if that interposition…
2Cited by2 opinions
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