Jones v. Smith

83 Ga. App. 798 (1951)

65 S.E.2d 188

JONES

v.

SMITH, CLERK.

33564.

Court of Appeals of Georgia.

Decided May 3, 1951.

Robert E. Andrews, for petitioner.

R. W. Smith Jr., Wheeler, Robinson & Thurmond, for respondent.

SUTTON, C.J.

(After stating the foregoing facts.) 1. The petition of the applicant for mandamus and the answer of the respondent, denying material portions of the petition, raise a question of fact as to whether the bill of exceptions was tendered to the clerk on February 26 to be filed immediately by him on that date, or was to be held by him and filed at a later date during the fifteen-day…