Farmers & Traders National Bank v. Willis
Supreme Court of Georgia
The Farmers and Traders Bank applied to the Supreme Court for mandamus to compel the judge of the city court of Columbus to certify a bill of exceptions. The following facts appeared from the petition: The judgment complained of in the bill of exceptions was rendered December 16, 1904. The bank instructed its attorney, Edgar D. Burts, to sue out a bill of exceptions. He became seriously ill on December 24, and was never able to attend to business thereafter.
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The Farmers and Traders Bank applied to the Supreme Court for mandamus to compel the judge of the city court of Columbus to certify a bill of exceptions. The following facts appeared from the petition: The judgment complained of in the bill of exceptions was rendered December 16, 1904. The bank instructed its attorney, Edgar D. Burts, to sue out a bill of exceptions. He became seriously ill on December 24, and was never able to attend to business thereafter. He died on January 13, 1905. The bank’s domicile is in the State of Kentucky, he was its sole counsel, and it knew nothing of his death…
1Opinion of the Court
Simmons, O. J.
This court has no jurisdiction to hear and determine a writ of error unless sued out within the time allowed by the Civil Code, § 6539 ; nor is it in its power to compel the trial judge to sign a bill of exceptions tendered him after the expiration, of the time prescribed by law, unless the judge be absent from home, or by other casualty fails to certify the bill (Civil Code, § 5542), even though it appear that it was not tendered within the proper time because of the illness and death of counsel for the plaintiff in error, a non-resident corporation ; no exception being made in…
2Cited by7 opinions
- In Re Estate of DasherCourt of Appeals of Georgia · 2002
- Wren v. JoseyCourt of Appeals of Georgia · 1958
- Camden County Board of Tax Assessors v. ProctorCourt of Appeals of Georgia · 1980
- Webb v. Board of Tax AssessorsCourt of Appeals of Georgia · 1977
- Johnson v. JohnsonCourt of Appeals of Georgia · 1958
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