Floyd v. Smith

Broyles, O. J.

This case is an application for mandamus, filed by Mrs. W. H. Floyd, to require D. D. Smith, judge of the city court of Eastman, to show cause why he should not certify her bill of exceptions. The application and the bill of exceptions show the following facts: On August 10, 1940, and during the July, 1940, term of the court, the judge entered a judgment dismissing her suit on general demurrer. In her bill of exceptions she made the following recital: “Plaintiff in error comes now on the 19th day of September, 1940, and within the time prescribed by law, within 60 days from the…