Bennett v. Ralf
Court of Appeals of Georgia
Certiorari, from Cobb superior court — Judge Gober. January 7, 1908. In the superior court a motion was made to dismiss the certiorari, because of failure to give due notice as to the time for hearing.. The record does not show any judgment on this motion, but shows a judgment sustaining the certiorari and remanding the case to the justice’s court for another trial.
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Certiorari, from Cobb superior court — Judge Gober. January 7, 1908. In the superior court a motion was made to dismiss the certiorari, because of failure to give due notice as to the time for hearing.. The record does not show any judgment on this motion, but shows a judgment sustaining the certiorari and remanding the case to the justice’s court for another trial. The bill of exceptions recites that “the court refused to dismiss the certiorari, but granted the same,” and refused “to put any kind of order upon the motion [to dismiss the certiorari] hereto attached as an exhibit.” The bill of…
1Opinion of the CourtHill, C. J.
1. Where the bill of exceptions recites that it was tendered within the time prescribed by the Civil Code, §5539, the writ of error will not he dismissed because the presiding judge failed to certify tlie same within the statutory period, unless it be made to appear that his failure to so certify was caused by some act of the plaintiff in error or his counsel. Acts 1896, p. 45; Moore v. Kelly & Jones Co., 109 Ga. 798 (35 S. E. 168).
2. In computing the ten days within which a hill of exceptions should be served, section 4, paragraph 8, of the Political Code, is applicable, and only the first…
2Cases cited7 opinions
- Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
- Rusk v. HillSupreme Court of Georgia · 1903
- Perkins v. RowlandSupreme Court of Georgia · 1882
- Cummings v. CleggSupreme Court of Georgia · 1889
- Stewart v. Marietta Trust & Banking Co.Supreme Court of Georgia · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Spooner v. CoachmanCourt of Appeals of Georgia · 1914
- Supreme Forest Woodmen Circle v. NewsomeCourt of Appeals of Georgia · 1940
- Pennington v. City of SpartaCourt of Appeals of Georgia · 1914
- Clarke v. AllenCourt of Appeals of Georgia · 1917
- Supreme Forest Woodmen Circle v. NewsomeCourt of Appeals of Georgia · 1940