Peterson v. Taylor
Supreme Court of Georgia
Motion for new trial, in Randolph Superior Court. Decision by Judge Perkins, April Term, 1854. Counsel for Peterson and others moved, in the Court below, to discharge a rule nisi, for a new trial, granted at March Term, 1852, on the ground that no brief of the evidence was filed in the Clerk’s office, as required by the rule. The brief of evidence was agreed upon by the counsel, in writing, and this agreement entered on the minutes.
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Motion for new trial, in Randolph Superior Court. Decision by Judge Perkins, April Term, 1854. Counsel for Peterson and others moved, in the Court below, to discharge a rule nisi, for a new trial, granted at March Term, 1852, on the ground that no brief of the evidence was filed in the Clerk’s office, as required by the rule. The brief of evidence was agreed upon by the counsel, in writing, and this agreement entered on the minutes. There was no entry thereon by the Clerk, of “ filed in office.” The Clerk and his deputy both made oath, that it never was filed with them, as far as they knew:…
1Opinion of the Court
By the Court.
Starnes, J.,
delivering the opinion.
The question made for our consideration, in this case, relates 'to the filing of the brief of evidence, in compliance with the rule of Court. That brief seems to have been agreed upon by the counsel. But it is insisted that it never was filed in terms of the law.
[1.] We think that a certificate of the Clerk, entered upon the brief at the time it is filed, is the best evidence of such filing, but that it is not necessary to the act of filing.
“ A paper is said to be filed, when it is delivered to the proper officer, and by him received, to be kept…
2Cited by28 opinions
- Powers v. StateIndiana Supreme Court · 1882
- Barnes v. JustisCourt of Appeals of Georgia · 1996
- Brinson v. Georgia Railroad Bank & Trust Co.Court of Appeals of Georgia · 1932
- Jordan v. BosworthSupreme Court of Georgia · 1905
- Battin v. WoodsWest Virginia Supreme Court · 1885
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