Turner v. Collins
Supreme Court of Georgia
Preliminary motion to dismiss the cause— 1st. Because the testimony was not embodied in the bill of exceptions. 2d. Because it does not appear, from the certificate of the Clerk of the Court below, that all the interrogatories to which he has certified1, were read on the trial. 3d.
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Preliminary motion to dismiss the cause— 1st. Because the testimony was not embodied in the bill of exceptions. 2d. Because it does not appear, from the certificate of the Clerk of the Court below, that all the interrogatories to which he has certified1, were read on the trial. 3d. Because the bill of exceptions does not embrace the material facts upon which the judgment of the Court was rendered; therefore, not enough before this Court to enable it to review the judgment. 4th. Because the Judge did not certify that the bill of exceptions is true and consistent with what transpired in the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] By the 21st Rule of this Court, it is required that writs of error, with the citations thereto annexed, shall be filed with the Clerk of the Superior Court, when the original notice of the *253signing of the bill of exceptions is returned to that office, copies of which, made out by the counsel of the plaintiff in error, shall be served on the defendant in error, by the Sheriff of the County, or by counsel for plaintiff in error, within ten days from the signing and certifying of the bill of exceptions; and an entry of the same shall he made on…
2Cases cited5 opinions
- Roebuck v. DupreySupreme Court of Alabama · 1841
- Leak v. McDowellSupreme Court of Georgia · 1849
- Perry v. HiggsSupreme Court of Georgia · 1849
- Beall v. PowellSupreme Court of Georgia · 1848
- Anderson v. Darien BankSupreme Court of Georgia · 1848
3Cited by5 opinions
- Georgia, Florida & Alabama Railway Co. v. LasseterSupreme Court of Georgia · 1905
- Lott v. City of WaycrossSupreme Court of Georgia · 1921
- Johnson v. McKelvinSupreme Court of Georgia · 1921
- Atlanta Newspapers, Inc. v. WattsCourt of Appeals of Georgia · 1955
- Atlanta Newspapers, Inc. v. WattsCourt of Appeals of Georgia · 1955