Consolidated Naval Stores Co. v. McPhatter & Gaskins
Supreme Court of Georgia
Writ of error; from Clinch. Motion to dismiss. The judge’s certificate to the bill of exceptions in this case bears date March 28, 1917. The defendants in error were served on March 27, 1917. They moved to dismiss the writ of error on the ground, among others, that they were served before the certification by the judge, and that this was no such service as the law requires.
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Writ of error; from Clinch. Motion to dismiss. The judge’s certificate to the bill of exceptions in this case bears date March 28, 1917. The defendants in error were served on March 27, 1917. They moved to dismiss the writ of error on the ground, among others, that they were served before the certification by the judge, and that this was no such service as the law requires. The plaintiff in error offered proof, by way of affidavit, that the judge’s certificate was erroneously dated, that it should have been dated March 27, 1917, and that the defendants in error were served subsequently to the…
1Opinion of the CourtGiubert, J.
(After stating the foregoing facts.) It has been held: “Where the judge of the superior court signed a bill of exceptions as of a certain date after the rendition of the judgment to- which exception was taken, there is no provision of law for *798counsel to suggest that such certificate did not speak the truth in this respect.” Cordray v. Savannah Union Station Co., 134 Ga. 865 (68 S. E. 697); Grant v. Southern Bell Tel. &c Co., 145 Ga. 298 (2) (89 S. E. 364). In the cited cases it was held that the trial judge is powerless to make any additional certificate, even-for the purpose of determining…
2Cases cited8 opinions
- Cordray v. Savannah Union Station Co.Supreme Court of Georgia · 1910
- Winn v. StateSupreme Court of Georgia · 1906
- Grant v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1916
- Seliger v. Coker & Co.Supreme Court of Georgia · 1898
- Jones v. StateSupreme Court of Georgia · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tillman v. GibsonCourt of Appeals of Georgia · 1931
- Lott v. City of WaycrossSupreme Court of Georgia · 1921
- Cook v. WalkerSupreme Court of Georgia · 1926
- Walker v. StateSupreme Court of Georgia · 1922
- Duke v. SimsCourt of Appeals of Georgia · 1943
3 more not listed; retrieve them via the Exa API.