Lott v. City of Waycross
Supreme Court of Georgia
Petition for injunction; from Ware superior court. When this case reached the Supreme Court the clerk notified counsel for .the jilaintiff in error that the' bill of exceptions had not been signed by the plaintiff in error or his attorney.
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Petition for injunction; from Ware superior court. When this case reached the Supreme Court the clerk notified counsel for .the jilaintiff in error that the' bill of exceptions had not been signed by the plaintiff in error or his attorney. In response, such counsel addressed a letter to the clerk of this court, enclosing the written consent of the attorney for the defendant in error that the bill of exception's might be signed by counsel for plaintiff in error nunc pr,o tune; and counsel for the plaintiff in error authorized and requested the clerk of this court to sign their names to the…
1Opinion of the CourtGilbert, J.
From the preceding statement of the record it is obvious that when what purported to be a bill of exceptions was filed in this court it was fatally defective, because it had never been signed by the plaintiff in error or his counsel. Without being thus signed it is not a legal bill of exceptions. The Civil Code (1910), § 6139 declares, in part, that bills of exceptions shall be signed by the complaining party or his attorney or solicitor. “ A bill of exceptions cannot be amended except as provided by law. Sections 5570 and 5573 of the Civil Code, providing for the amendment of bills of…
2Cases cited24 opinions
- Welborne v. StateSupreme Court of Georgia · 1902
- Board of Education v. DaySupreme Court of Georgia · 1907
- Dix v. DixSupreme Court of Georgia · 1909
- Cutts v. ScandrettSupreme Court of Georgia · 1899
- Georgia, Florida & Alabama Railway Co. v. LasseterSupreme Court of Georgia · 1905
19 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Teasley v. CordellSupreme Court of Georgia · 1922
- King v. StateSupreme Court of Georgia · 1929
- Cook v. WalkerSupreme Court of Georgia · 1926
- Durden v. DurdenSupreme Court of Georgia · 1940
- Bank of Ringgold v. PoarchCourt of Appeals of Georgia · 1923
11 more not listed; retrieve them via the Exa API.