Legal Opinion

Bailey v. Bonaparte

Court of Appeals of Georgia

Decided February 18, 1972No. 46611PublishedCited by 13 opinions

1Opinion of the Court

Eberhardt, Judge.

The Appellate Practice Act provides (Code Ann„ § 6-802) that: "An appeal may be taken by filing with the clerk of the court wherein the case was determined a notice of appeal.” And it is provided (Code Ann. §6-803). that the notice of appeal shall be so filed "within 30 days after entry of the appealable decision or judgment complained of . . .”

This language is too plain, unambiguous and clear of meaning to justify a holding that a filing of the notice with the clerk of some court other than that wherein the judgment was rendered can he effective. "Where, as here, the…

2Cases cited15 opinions

  1. Peterson v. TaylorSupreme Court of Georgia · 1854
  2. Jordan v. BosworthSupreme Court of Georgia · 1905
  3. Sirota v. Kay Homes Inc.Supreme Court of Georgia · 1951
  4. Western Union Telegraph Co. v. TaylorSupreme Court of Georgia · 1890
  5. Stanford v. Evans, Reed & WilliamsSupreme Court of Georgia · 1965

10 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Barnes v. JustisCourt of Appeals of Georgia · 1996
  2. Adams v. StateCourt of Appeals of Georgia · 1998
  3. In Re Estate of DasherCourt of Appeals of Georgia · 2002
  4. Register v. ElliottCourt of Appeals of Georgia · 2007
  5. Brown v. WebbCourt of Appeals of Georgia · 1997

8 more not listed; retrieve them via the Exa API.

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