Chapman v. Gray
Supreme Court of Georgia
The defendant in error joined issue with a protestation, and moved to dismiss the writ on errors— 1. Because no copy of the writ of error was served on the defendant or his counsel. 2. Because the hill of .exceptions does not specify the error’s complained of.
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The defendant in error joined issue with a protestation, and moved to dismiss the writ on errors— 1. Because no copy of the writ of error was served on the defendant or his counsel. 2. Because the hill of .exceptions does not specify the error’s complained of. The following acknowledgment appeared on the citation; “ I acknowledge, hereby, service of tho within citation and notice, and the notice of the signing and certifying of the hill of exceptions is hereby acknowledged, and waive other and farther notice. This 16th April, 1850. ROBT. V. HARDEMAN, Defendant’s Attorney.” The hill of…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The only ground taken in this motion, which we deem it necessary to notice, is; that no copy of the writ of error was served on the defendant or his counsel. The 21st Rule of this Court requires that this should he done within ten days from the signing and certifying of the bill of exceptions. Manual, 31. And a failure to comply with this provision would be fatal to the plaintiff’s case.
[2.] The position assumed in the argument is, that the rule itself is useless, and it is sought, for this reason, to screen the party from the consequences…
2Cited by13 opinions
- Wallace v. WallaceSupreme Court of Georgia · 1969
- Savage v. SavageSupreme Court of Georgia · 1975
- Fulghum Industries, Inc. v. Pollard Lumber Co.Court of Appeals of Georgia · 1962
- Crider v. StateCourt of Appeals of Georgia · 1967
- Lovett v. Sandersville Railroad CompanySupreme Court of Georgia · 1945
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