Norman, Timmons & Co. v. Smith
Supreme Court of Georgia
Processioning. Before Judge Mitchell. Colquitt superior court. April 7, 1907. The plaintiffs, who claimed to own lot number 51, made application to processioners to survey and mark anew the lines around the same.
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Processioning. Before Judge Mitchell. Colquitt superior court. April 7, 1907. The plaintiffs, who claimed to own lot number 51, made application to processioners to survey and mark anew the lines around the same. The processioners ran the lines and made their report, to which the defendant filed a protest, contending, for various reasons, that the line marked by the processioners was not the true line between his land and that of the plaintiffs, but that the same was about 260 yards north thereof. Defendant in his protest claimed to own land adjoining lot 51, and south thereof. Upon the…
1Opinion of the CourtHolden, J.
(After stating the facts.)
1. The defendant made a motion in this court to dismiss the bill of exceptions, upon several grounds; one of which is that the bill of exceptions failed to specify “the return of the ordinary” *71as a portion of the record. The act of December 17, 1901, which directs that the protest be filed with the ordinary, requires the ordinary “to return all the papers” to the clerk of the superior court. There is no law requiring the ordinary to make any return in writing of such papers; and the provision of the act above referred to, requiring the ordinary “to return all…
2Cases cited5 opinions
- Lenney v. FinleySupreme Court of Georgia · 1903
- McCowan v. BrooksSupreme Court of Georgia · 1901
- Allen v. YoungSupreme Court of Georgia · 1879
- Bosworth v. ClarkSupreme Court of Georgia · 1879
- Blow v. WhiteSupreme Court of Georgia · 1870
3Cited by6 opinions
- McCollum v. ThomasonCourt of Appeals of Georgia · 1924
- Steele v. SteeleSupreme Court of Georgia · 1948
- Warnell v. PonderCourt of Appeals of Georgia · 1936
- Henry v. CrabtreeCourt of Appeals of Georgia · 1959
- Pearre v. WilkinsonCourt of Appeals of Georgia · 1936
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