Pennington v. City of Sparta

1. A motion to dismiss a writ of error, upon the ground that the bill of exceptions was not signed and certified within the time prescribed by law, must be denied when the bill of exceptions contains a recital that it was presented within the time required by law, unless it affirmatively appears that the failure of the presiding judge to sign and certify the bill of exceptions was caused by some act of the plaintiflin error or his counsel. Civil Code, § 6187; Nation v. Jones, 3 Ga. App. 84 (59 S. E. 330) ; Bennett v. Rolf, 4 Ga. App. 484 (61 S. E. 887) ; Harnage v. State, 7 Ga. App. 573 (67…