Cowart v. Page
Supreme Court of Georgia
Practice in the Supreme Court. Service. Bill of excepr tions. Presumptions. ■ Homestead. Before Judge Clark.. Sumter Superior Court. April term, 1877. ... Reported in the opinion.
1Opinion of the Court
Bleckley, Judge.
1. Even if, as was suggested, but not decided, in Bradley vs. Saddler, 57 Ga., 191, service of the bill of exceptions might be irregular if delayed until after the bill of exceptions had been filed in the clerk’s office, yet, where counsel for defendant in error has acknowledged “ due and legal service,” and the acknowledgement bears date on the same day as the clerk’s entry of filing, the service ought to be presumed to be what the acknowledgement declares it, that is, “ due and. legal.” In the present case, these conditions exist 5 the entry of filing and the acknowledgement…
2Cases cited2 opinions
- Marsh v. LazenbySupreme Court of Georgia · 1870
- Bradley v. SadlerSupreme Court of Georgia · 1876
3Cited by10 opinions
- Smith v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1889
- Wilder & Son v. FrederickSupreme Court of Georgia · 1881
- Barwick v. WindSupreme Court of Georgia · 1948
- Porter v. HolmesSupreme Court of Georgia · 1905
- Collins v. SmithCourt of Appeals of Georgia · 1910
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