Georgia Southern & Florida Railway Co. v. Pritchard
Supreme Court of Georgia
Motion to dismiss petition. Before Judge Mitchell. Berrien superior court. September 29, 1905. Pritchard filed a petition against the Georgia Southern and Florida Railway Company, in the office of the clerk of the superior court of Berrieu county, on February 19, 1904. At the March term, 1904, the defendant made a motion to dismiss the petition, on the ground that no process had been issued by the clerk of that court.
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Motion to dismiss petition. Before Judge Mitchell. Berrien superior court. September 29, 1905. Pritchard filed a petition against the Georgia Southern and Florida Railway Company, in the office of the clerk of the superior court of Berrieu county, on February 19, 1904. At the March term, 1904, the defendant made a motion to dismiss the petition, on the ground that no process had been issued by the clerk of that court. The motion was not heard at the March term, but was continued until the September term. The bill of exceptions recites that at the hearing during that term the defendant…
1Opinion of the CourtCobb, J.
1. The clerk of a court of record is the custodian of its records and files, and the certificate of this officer as to what is contained in the record must always be looked to, in preference to any other evidence. As to matters occurring during the progress of the trial, which are not of record or of file in the office of the clerk, the judge’s certificate will control. But when a bill of exceptions purports to set forth a copy of what is of record or of file, and the recitals therein are at variance with what is contained in the record duly certified by the clerk, the certificate of. the…
2Cases cited3 opinions
- Southern Railway Co. v. FlemisterSupreme Court of Georgia · 1904
- Cochran v. DavisSupreme Court of Georgia · 1856
- Lowrey v. Richmond & Danville RailroadSupreme Court of Georgia · 1889
3Cited by9 opinions
- Johnson v. SherrerSupreme Court of Georgia · 1944
- Harris v. TaylorSupreme Court of Georgia · 1919
- Heath v. MillerSupreme Court of Georgia · 1944
- French v. StateCourt of Appeals of Georgia · 1959
- Ocilla Southern Railroad v. McAllisterCourt of Appeals of Georgia · 1917
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