Davis v. Southern Railway Co.

Jewel T. Davis brought an action for damages against Southern Railway Company. On December 4, 1956, Judge Durwood T. Pye, Judge, Superior Court, Atlanta Judicial Circuit, sustained certain special demurrers and general demurrers to the petition. On January 3, 1957, the plaintiff tendered her bill of exceptions to Judge Virlyn B. Moore, also a judge of the Atlanta Judicial Circuit, and on January 7, 1957, Judge Durwood T. Pye certified the bill of exceptions without any notation as to when it was tendered to him. Held:

1. Under the decision of the Supreme Court in Capers v. Ball, 211 Ga. 502…