Legal Opinion

Mulling v. Exchange Bank

Supreme Court of Georgia

Decided January 12, 1912PublishedCited by 5 opinions

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

  1. Atkins v. WinterSupreme Court of Georgia · 1904
  2. Allison & Davis v. JowersSupreme Court of Georgia · 1894
  3. Meador v. CallicottSupreme Court of Georgia · 1907
  4. Dykes v. BrockSupreme Court of Georgia · 1907

3Cited by5 opinions

  1. Kent v. GeigerSupreme Court of Georgia · 1912
  2. Salyard v. SalyardSupreme Court of Georgia · 1951
  3. Mathis v. PrigmoreSupreme Court of Georgia · 1918
  4. Gore v. FiteSupreme Court of Georgia · 1964
  5. Stribling v. Catoosa CountyCourt of Appeals of Georgia · 1957

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