Legal Opinion

Proctor v. Piedmont Portland Cement & Lime Co.

Supreme Court of Georgia

Decided April 21, 1910PublishedCited by 13 opinions

Equitable petition. Before Judge Pendleton. . Fulton superior court. The petition was by R. L. Proctor against the Piedmont Portland Cement & Lime Company, E. C. Lester, M. C. Morris, and W. E. Jenkins, alleging, in substance, as follows: The three defendants last named are directors, and two of them officers, of the other defendant, a corporation.

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Equitable petition. Before Judge Pendleton. . Fulton superior court. The petition was by R. L. Proctor against the Piedmont Portland Cement & Lime Company, E. C. Lester, M. C. Morris, and W. E. Jenkins, alleging, in substance, as follows: The three defendants last named are directors, and two of them officers, of the other defendant, a corporation. On July 27, 1907, Lester, Morris, and Jenkins, together with W. M. Jones and others, procured a charter under the corporate style of the Piedmont Slate Company, for the purpose of carrying on the business of the manufacture of slate, etc. The…

1Opinion of the CourtEvans, P. J.

(After stating the facts.)

1. The motion to dismiss the bill of exceptions as not being certified within thirty days of the judgment complained of is denied. Where it is recited in a 'bill of exceptions that it was tendered to the judge within the time prescribed bjr law, and the judge signs the usual and statutory certificate, which certifies as true the recitals in the bill of exceptions, and where - it does not appear that the failure of the judge to sign and certify within the statutory limit, was due to the fault of the plaintiff in error or his counsel, the writ of error will not be…

2Cases cited1 opinion

  1. Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900

3Cited by13 opinions

  1. Sweat v. BarnhillSupreme Court of Georgia · 1930
  2. Castleberry v. ParrishSupreme Court of Georgia · 1910
  3. Capers v. BallSupreme Court of Georgia · 1955
  4. Thompson v. StephensSupreme Court of Georgia · 1912
  5. Clay v. FloydSupreme Court of Georgia · 1951

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