Doe ex dem. Truluck v. Peeples
Supreme Court of Georgia
Motion to Dismiss Writ of Error. This cause was called up in its order, when Akin, of counsel for defendants in error, moved to dismiss the writ, on the following grounds : 1. Because it did not appear from the record before the court, that the bill of exceptions was made out, and certified by the presiding judge, within four days after the trial, as required by the Act organizing the Supreme Court. 2. That the bill of exceptions did not show the grounds upon which the…
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Motion to Dismiss Writ of Error. This cause was called up in its order, when Akin, of counsel for defendants in error, moved to dismiss the writ, on the following grounds : 1. Because it did not appear from the record before the court, that the bill of exceptions was made out, and certified by the presiding judge, within four days after the trial, as required by the Act organizing the Supreme Court. 2. That the bill of exceptions did not show the grounds upon which the decision below was made. 3. That the bill of exceptions was too general and uncertain. 4. That the original bill of…
1Opinion of the Court
By the Court
Lumpkin, Judge.
As to the first ground the act creating this tribunal is explicit, that the bill of exceptions must be drawn up by the party or his attorney, within four days after the trial, in which the decision complained of has been made ; and certified and signed by the presiding Judge within that time. The difficulty here is, that the certificate has no date : But must not this court, in favor of Public Officers, presume that they discharge their duty, in compliance with the law, in the absence of all proof to the contrary ? Moreover, it is in proof that notice, that the Bill…
2Cited by37 opinions
- Ryan v. KingsberySupreme Court of Georgia · 1891
- Brinson v. Georgia Railroad Bank & Trust Co.Court of Appeals of Georgia · 1932
- Gillespie v. GillespieSupreme Court of Georgia · 1990
- March v. StateTexas Supreme Court · 1875
- Smith v. Northside Hospital, Inc.Supreme Court of Georgia · 2017
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