Masland v. Kemp
Supreme Court of Georgia
Practice in Supreme Court. At September Term, 1883. . The bill of exceptions in this case shows that Masland et ux. brought a bill against Kemp et al., attacking a sheriff’s sale and claiming both the land and the money arising therefrom. At the October term of court, 1879, all parties not having been served, an order was taken to perfect service.
Read the full summary
Practice in Supreme Court. At September Term, 1883. . The bill of exceptions in this case shows that Masland et ux. brought a bill against Kemp et al., attacking a sheriff’s sale and claiming both the land and the money arising therefrom. At the October term of court, 1879, all parties not having been served, an order was taken to perfect service. At the April term, 1883, of court, the case was called for trial; the attorneys for complainants moved for a continuance, because parties had not been served. The presiding judge certified that no diligence was shown, and the motion was overruled.…
1Opinion of the Court
Jackson, Chief Justice.
1. A motion was made to dismiss this bill of exceptions *788on the ground that the exhibits to it were not identified by the Judge. The law requires this identification. 61 Ga., 492; 13 Ib., 495; 38 Ib., 689, containing 10th rule of this court. The judge’s name does not appear on any exhibit, as the rule of court prescribes, and as was done in the case in the 13th, and as is laid down distinctly in the 61st, p. 494, where the exhibit follows the judge’s certificate, as it does in this case. Besides, part of what purports to be exhibits is oral testimony on the stand, not…
2Cases cited1 opinion
- Colquitt v. SolomonSupreme Court of Georgia · 1878
3Cited by6 opinions
- Roberts v. City of CairoSupreme Court of Georgia · 1909
- Edwards v. United Food Brokers Inc.Supreme Court of Georgia · 1942
- Smith v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1889
- Porter v. TerrellCourt of Appeals of Georgia · 1907
- Chism v. VarnedoeSupreme Court of Georgia · 1895
1 more not listed; retrieve them via the Exa API.