Legal Opinion

Clarke Bros. v. Deal

Court of Appeals of Georgia

Decided May 7, 1908No. 1027PublishedCited by 5 opinions

Motion to dismiss the writ of error.

1Opinion of the CourtPowell, J.

1. In order for this court to review a refusal to sanction a certiorari, the petition must be incorporated in the bill of exceptions or otherwise verified as a part thereof by the trial judge; an unsanctioned, petition can not be specified as a part of the record. Hall v. State, 2 Ga. App. 437 (58 S. E. 558), and cit.

2. While, by the Civil Code, §§5570, 5573, bills of exceptions may be amended by the record or so as to conform thereto, it is not permissible to add to a bill of exceptions, after its filing, service, and transmission, a paper not a part of the record, though it is certified by…

2Cases cited1 opinion

  1. Hall v. StateCourt of Appeals of Georgia · 1907

3Cited by5 opinions

  1. Readdick v. ForsytheCourt of Appeals of Georgia · 1935
  2. Taylor v. Town of OmegaCourt of Appeals of Georgia · 1913
  3. Wilcher v. WilliamsCourt of Appeals of Georgia · 1930
  4. Wimpey v. Mayor of GainesvilleCourt of Appeals of Georgia · 1909
  5. Hunt v. Mayor of MaconCourt of Appeals of Georgia · 1912

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