Lyner v. Jackson
Supreme Court of Georgia
Appeal, in Warren Superior Court. Decision by Judge .James Thomas, October Term, 1856. This was a motion to dismiss an appeal. The appeal was entered in the usual form, except that it was not attested by the Clerk; and below the appeal bond this entry was made by the Clerk : “Costs to appeal, $27 77-1, not paid. ” ” Gr. W. DICKSON, Clerk.” The ground taken for the motion was, that the costs were not paid.
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Appeal, in Warren Superior Court. Decision by Judge .James Thomas, October Term, 1856. This was a motion to dismiss an appeal. The appeal was entered in the usual form, except that it was not attested by the Clerk; and below the appeal bond this entry was made by the Clerk : “Costs to appeal, $27 77-1, not paid. ” ” Gr. W. DICKSON, Clerk.” The ground taken for the motion was, that the costs were not paid. The Clerk testified that he demanded the costs of the At~ ■torny of appellant, who asked if he demanded them in advanee. Some other conversation was had. The Clerk made out the bond and…
1Opinion of the Court
*774 By the Court.
McDonald, J.
delivering the opinion.
[1.] The plaintiff in error, who was defendant in the Court below, executed an appeal bond, during the term of the Court, on the minutes of the Court, which were signed by the presiding Judge. At the bottom margin of the bond was this entry: “ Costs to appeal $27 27|-, not paid,” signed by the Clerk. A motion was made to dismiss the appeal, because the costs were not paid within four days after the adjournment of the Court, and the appeal was dismissed on that ground; and to the decision of the Court dismissing the appeal, an exception was…
2Cases cited1 opinion
- Short v. CohenSupreme Court of Georgia · 1852
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