Cloudis v. Bank of Tennessee
Supreme Court of Georgia
Motion to dismiss the writ of error. 1st. Because the bill of exceptions was not signed by the presiding Judge below within thirty days, as required by law. 2d. Because the bill of exceptions, writ of error, and citation and notice were not filed with the Clerk in the Court below, as required by law, within ten days after the bill of exceptions was signed. 3d. Because there has been no notice given. 4th.
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Motion to dismiss the writ of error. 1st. Because the bill of exceptions was not signed by the presiding Judge below within thirty days, as required by law. 2d. Because the bill of exceptions, writ of error, and citation and notice were not filed with the Clerk in the Court below, as required by law, within ten days after the bill of exceptions was signed. 3d. Because there has been no notice given. 4th. Because there has been no notice filed in the Clerk’s office of the Court below. 5th. Because there is no certificate by the Clerk of the Court below, of the record and original papers, as…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The pleadings in this case are incurably defective. The law requires that notice of the signing of the bill of exceptions shall be given to the adverse party, or his counsel, within ten days after the same shall have been done, and filed in the Clerk’s office, with the bill of exceptions. This requisition of the Statute has not been complied with.
Again : by the Act of 1845, bills of exceptions, in both civil and criminal cases, were required to be drawn up and submitted to the Judge before whom such cause was tried, within four days after the…
2Cited by6 opinions
- Capers v. BallSupreme Court of Georgia · 1955
- Evans v. StateSupreme Court of Georgia · 1901
- Coker v. Life & Casualty InsuranceSupreme Court of Georgia · 1935
- Wallace v. StateCourt of Appeals of Georgia · 1915
- Bonds v. BerdettSupreme Court of Georgia · 1901
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