Clarke v. Allen
Court of Appeals of Georgia
Money rule; from Hall superior court—Judge J. B. Jones. July 29, 1916. The exceptions were to a judgment rendered on July 29, 1916. The date of the judge’s certificate to the bill of exceptions was November 14, 1916. His signature to the certificate was preceded by a note as follows: “This bill of exceptions was presented to me during the recess of a trial on August 26th, 1916. Not having time to read the exceptions at that time, I told counsel for plaintiff in error to make…
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Money rule; from Hall superior court—Judge J. B. Jones. July 29, 1916. The exceptions were to a judgment rendered on July 29, 1916. The date of the judge’s certificate to the bill of exceptions was November 14, 1916. His signature to the certificate was preceded by a note as follows: “This bill of exceptions was presented to me during the recess of a trial on August 26th, 1916. Not having time to read the exceptions at that time, I told counsel for plaintiff in error to make a memorandum of its having been presented that day, take the bill of exceptions, and that I would take it up later, and…
1Per curiam
Motion to dismiss is made in this case on the ground that the judge failed to certify the bill of exceptions within the statutory time. It is well settled, by numerous decisions of our Supremo Court and of this court, that failure of the judge to certify the bill of exceptions within the time provided by the statute will not cause a dismissal of the case, unless such failure be occasioned by the act of the plaintiff or his counsel. Civil Code, § 6187; Walker v. Equitable Mortgage Co., 100 Ga. 84 (26 S. E. 75); Jones v. State, 100 Ga. 579 (28 S. E. 396); Moore v. Kelly & Jones Co., 109 Ga. 798…
2Cases cited10 opinions
- Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
- Thompson v. StephensSupreme Court of Georgia · 1912
- Harnage v. StateCourt of Appeals of Georgia · 1910
- Nation v. JonesCourt of Appeals of Georgia · 1907
- Clay v. StateCourt of Appeals of Georgia · 1908
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3Cited by1 opinion
- Pappa v. PopeCourt of Appeals of Georgia · 1920