Harris v. Wester

The bill of exceptions was tendered to Judge H. A. Mathews on January 9, 1931. He did not at that time certify the bill of exceptions, because it specified evidence which had not been consented to by counsel, and had not been approved by the trial judge. It was not agreed to for a year thereafter. Judge Mathews died on September 28, 1931, not having approved a perfected brief of evidence. It was held in Duke v. Kelly, 136 Ga. 832 (72 S. E. 250) : “Where a bill of exceptions, on October 19th, *2711909, was presented to the judge, who held the same for examination until December 14th, 1910,…