Mulling v. Exchange Bank
Supreme Court of Georgia
Equitable petition; from Tattnall superior court.
1Opinion of the CourtEish, C. J.
1. Where a bill of exceptions appears to have been signed by the trial judge on a given date, and contains no affirmative statement that it was tendered at a different date, the legal presumption is that it was tendered on the date of the certificate. Allison & Davis v. Jowers, 94 Ga. 335 (21 S. E. 570).
2. A bill of exceptions, having been tendered the trial judge for his certificate on a given date, was returned by him to counsel for plaintiff in error for correction, and was certified at a date 50 days later. In the absence of any statement in the certificate as to the cause of the delay,…
2Cases cited4 opinions
- Atkins v. WinterSupreme Court of Georgia · 1904
- Allison & Davis v. JowersSupreme Court of Georgia · 1894
- Meador v. CallicottSupreme Court of Georgia · 1907
- Dykes v. BrockSupreme Court of Georgia · 1907
3Cited by5 opinions
- Kent v. GeigerSupreme Court of Georgia · 1912
- Salyard v. SalyardSupreme Court of Georgia · 1951
- Mathis v. PrigmoreSupreme Court of Georgia · 1918
- Gore v. FiteSupreme Court of Georgia · 1964
- Stribling v. Catoosa CountyCourt of Appeals of Georgia · 1957