Atlanta & Charlotte Air-Line Railway Co. v. Smith

66 Ga. 205

• Court: Supreme Court of Georgia
• Decided: September 15, 1880
• Status: Published

Opinion

Jackson, Chief Justice.

I. In the above stated case no testimony was contained in the bill of exceptions, and no reference whatever made to any brief thereof in the record — the cause being brought up on the refusal of the court to grant a new trial — whereupon it was adjudged, on the ruling in 61 Ga., 492, and the case of Myers vs. Way & Olmstead on the minutes of this court, at the February term, 1879, vol. 12, page 448, that the writ of error be dismissed for non-compliance with section 4253 of the Code.

2. It also appears that the bill of exceptions is not properly certified by the clerk below.

Writ of error dismissed. .