Brand v. City of Lawrenceville

Supreme Court of Georgia

Brand v. City of Lawrenceville

55 S.E. 967, 127 Ga. 237, 1906 Ga. LEXIS 812

CourtSupreme Court of Georgia

DecidedNovember 16, 1906

StatusPublished

Cited by5 cases

This text of 55 S.E. 967 (Brand v. City of Lawrenceville) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brand v. City of Lawrenceville, 55 S.E. 967, 127 Ga. 237, 1906 Ga. LEXIS 812 (Ga. 1906).

Pincite

Opinion

Atkinson, J.

Neither under the provisions of-§ 5543 of the Civil Code, nor under any other provision of law in this State, is one who has been a trial judge given any authority to certify, after the judge goes out of' office by resignation or otherwise, a “fast” bill of exceptions. See, in this connection, Grace v. Gordon, 113 Ga. 88. It follows that where a petition for injunction was heard before a judge of the superior court,, who, after refusing the injunction, resigned his office, and, after his. • .resignation had gone into effect, certified to this court a bill of exceptions assigning error upon his ruling refusing the injunction, this court did not acquire jurisdiction, and the writ of error will he dismissed.

Writ of error dismissed.

All the Justices concur.

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Atkinson, J.

Neither under the provisions of-§ 5543 of the Civil Code, nor under any other provision of law in this State, is one who has been a trial judge given any authority to certify, after the judge goes out of' office by resignation or otherwise, a “fast” bill of exceptions. See, in this connection, Grace v. Gordon, 113 Ga. 88. It follows that where a petition for injunction was heard before a judge of the superior court,, who, after refusing the injunction, resigned his office, and, after his. • .resignation had gone into effect, certified to this court a bill of exceptions assigning error upon his ruling refusing the injunction, this court did not acquire jurisdiction, and the writ of error will he dismissed.

Writ of error dismissed.

All the Justices concur.

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Bluebook (online)

55 S.E. 967, 127 Ga. 237, 1906 Ga. LEXIS 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brand-v-city-of-lawrenceville-ga-1906.

Opinion

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