Altman v. Spahos

Court of Appeals of Georgia

Altman v. Spahos

98 S.E.2d 95, 95 Ga. App. 406, 1957 Ga. App. LEXIS 813

CourtCourt of Appeals of Georgia

DecidedMarch 22, 1957

Docket36522; 36523

StatusPublished

This text of 98 S.E.2d 95 (Altman v. Spahos) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Altman v. Spahos, 98 S.E.2d 95, 95 Ga. App. 406, 1957 Ga. App. LEXIS 813 (Ga. Ct. App. 1957).

Pincite

Opinion

Nichols, J.

Code (Ann. Supp.) § 6-902 provides in part: “Bills of exception shall be tendered to the judge who presided in the cause within 30 days from the date of the decision complained of.” (Italics ours). And Code § 6-906 provides the procedure for having a bill of exceptions certified when the judge who heard the cause is absent from his home or is otherwise unable to certify such bill of exceptions. In Ballard v. Zachry, 54 Ga. App. 101, 102 (3) (187 S. E. 139), it was said that the judge who rendered the judgment complained of should certify the bill of exceptions unless the judge is dead. In the present case Judge Dunbar Harrison rendered the judgment complained of, to wit: the judgment denying the plaintiffs in error a new trial, and although Judge McWhorter presided in the trial before the jury, and although he rendered the judgments complained of in the motion for new trial, he did not render the judgments complained of in the hill of exceptions and was without authority to certify the bill of exceptions so as to give jurisdiction of the writ of error to this court. See Jett v. Jones, 87 Ga. App. 531 (74 S. E. 2d 483), and cases cited. See also Suggs v. Suggs, 196 [408]*408Ga. 505 (26 S. E. 2d 886). Since this court is without jurisdiction of the writs of error, they must be dismissed.

Writs of error dismissed in both cases.

Felton, C. J., and Quillian, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Nichols, J.

Code (Ann. Supp.) § 6-902 provides in part: “Bills of exception shall be tendered to the judge who presided in the cause within 30 days from the date of the decision complained of.” (Italics ours). And Code § 6-906 provides the procedure for having a bill of exceptions certified when the judge who heard the cause is absent from his home or is otherwise unable to certify such bill of exceptions. In Ballard v. Zachry, 54 Ga. App. 101, 102 (3) (187 S. E. 139), it was said that the judge who rendered the judgment complained of should certify the bill of exceptions unless the judge is dead. In the present case Judge Dunbar Harrison rendered the judgment complained of, to wit: the judgment denying the plaintiffs in error a new trial, and although Judge McWhorter presided in the trial before the jury, and although he rendered the judgments complained of in the motion for new trial, he did not render the judgments complained of in the hill of exceptions and was without authority to certify the bill of exceptions so as to give jurisdiction of the writ of error to this court. See Jett v. Jones, 87 Ga. App. 531 (74 S. E. 2d 483), and cases cited. See also Suggs v. Suggs, 196 [408]*408Ga. 505 (26 S. E. 2d 886). Since this court is without jurisdiction of the writs of error, they must be dismissed.

Writs of error dismissed in both cases.

Felton, C. J., and Quillian, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

98 S.E.2d 95, 95 Ga. App. 406, 1957 Ga. App. LEXIS 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/altman-v-spahos-gactapp-1957.

Opinion

Related

Cite This Page — Counsel Stack