Hill v. Starling

Almand, Justice.

The bill of exceptions assigns error on the order of the trial court setting aside, on certiorari, an order of the Ordinary of Upson County discharging the plaintiff in error from the custody of the defendant in error in a habeas corpus proceeding.

The defendant in error has moved to dismiss the writ of error on the ground that neither he nor his counsel was served with a copy of the bill of exceptions as provided in Code § 6-911 (1), as amended (Ga. L. 1953, Nov. Sess., pp. 440, 456). That section provides: “Within 10 days after the bill of exceptions shall be signed and…