Morrow v. American Tire Co.

Eberhardt, Judge.

1.(a) Where the bill of exceptions is tendered to the clerk of the court and so marked by him within 30 days of the order appealed from, it is not necessaiy under Code Ann. § 6-902, as amended, that the certificate of the trial judge affirmatively recite that he was temporarily absent from the circuit for the reason that the clerk of court, who is without authority to accept a tender unless the judge is unavailable as provided in the statute, is presumed to have performed his official duty. Brantley v. Thompson, 216 Ga. 164 (115 SE2d 533), reversing 101 Ga. App. 257 (114 SE2d…