Atkins National Bank v. Harmon

Court of Appeals of Georgia

Atkins National Bank v. Harmon

91 S.E. 1051, 19 Ga. App. 657, 1917 Ga. App. LEXIS 290

CourtCourt of Appeals of Georgia

DecidedApril 3, 1917

Docket8073

StatusPublished

Cited by3 cases

This text of 91 S.E. 1051 (Atkins National Bank v. Harmon) 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

Atkins National Bank v. Harmon, 91 S.E. 1051, 19 Ga. App. 657, 1917 Ga. App. LEXIS 290 (Ga. Ct. App. 1917).

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Opinion

Broyles, P. J.

The bill of exceptions in this case was filed in the office of the clerk of the lower court on January 25, 1916, and should have been transmitted (with the record) to the March term, 1916, of the Supreme .Court, but was not transmitted until September 29, 1916, upon which date it was filed in the office of the clerk of the Supreme Court. The bill of exceptions having reached the Supreme Court after the close of the term to which it was returnable, the writ of error must be dismissed. The fact that the delay was not occasioned by the fault of the plaintiff in error or its attorneys is not sufficient to change the rule. Earnhart v. Atlanta & West Point R. Co., 133 Ga. 59 (65 S. E. 138).

(a) The constitutional amendment adopted in 1916, which changed the appellate jurisdiction of the Supreme Court and of the Court of Appeals as to certain classes of cases, does not affect this ruling. This case was dead when it reached the Supreme Court, and its lifeless body only was transmitted to this court, and the order transferring it had no miraculous power to restore life to the dead.

Writ of error -dismissed.

Jenlcins and Bloodworth, JJ., concur.

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Broyles, P. J.

The bill of exceptions in this case was filed in the office of the clerk of the lower court on January 25, 1916, and should have been transmitted (with the record) to the March term, 1916, of the Supreme .Court, but was not transmitted until September 29, 1916, upon which date it was filed in the office of the clerk of the Supreme Court. The bill of exceptions having reached the Supreme Court after the close of the term to which it was returnable, the writ of error must be dismissed. The fact that the delay was not occasioned by the fault of the plaintiff in error or its attorneys is not sufficient to change the rule. Earnhart v. Atlanta & West Point R. Co., 133 Ga. 59 (65 S. E. 138).

(a) The constitutional amendment adopted in 1916, which changed the appellate jurisdiction of the Supreme Court and of the Court of Appeals as to certain classes of cases, does not affect this ruling. This case was dead when it reached the Supreme Court, and its lifeless body only was transmitted to this court, and the order transferring it had no miraculous power to restore life to the dead.

Writ of error -dismissed.

Jenlcins and Bloodworth, JJ., concur.

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Bluebook (online)

91 S.E. 1051, 19 Ga. App. 657, 1917 Ga. App. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkins-national-bank-v-harmon-gactapp-1917.

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