Gilbert v. Moody

Candler, Justice.

On the call of this case for argument, a motion was made to dismiss the writ of error on the ground that this court is without jurisdiction, since the bill of exceptions was not timely certified. As to this, the record shows: A proposed bill of exceptions was presented to the trial judge on October 6, 1952. It was signed by him .59 days later, and no explanation for his delay in certifying it was then made. After counsel for the defendant in error had acknowledged service of the bill of exceptions, the trial judge by an undated supplementary certificate recited the following:…