Bryant v. State

Court of Appeals of Georgia

Bryant v. State

39 S.E.2d 452, 74 Ga. App. 223, 1946 Ga. App. LEXIS 494

CourtCourt of Appeals of Georgia

DecidedSeptember 12, 1946

Docket31247.

StatusPublished

Cited by4 cases

This text of 39 S.E.2d 452 (Bryant v. State) 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

Bryant v. State, 39 S.E.2d 452, 74 Ga. App. 223, 1946 Ga. App. LEXIS 494 (Ga. Ct. App. 1946).

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Opinion

MacIntyre, J.

The judge certified that the bill of exceptions was tendered on September 24, 1945, and within the time prescribed by law, but further certified that it was returned to counsel for the plaintiff in error for correction on said date, September 24, 1945, and that the same was corrected and again tendered to him on March 4, 1946, on which date he certified the bill of exceptions. Such certificate was dated March 4, 1946. Held-. The judge having returned the ordinary bill of exceptions to the plaintiff in error for correction, and the plaintiff in error having failed to return such bill of exceptions as corrected within 30 days, the writ of error, under the facts in this ease, must be dismissed, no reason appearing for the delay of over 5 months in retendering it. Code, §§ 6-902, 6-909; Atkins v. Winter, 121 Ga. 75 (48 S. E. 717); Turner v. Turner, 191 Ga. 123 (12 S. E. 2d, 633); Allison v. Jowers, 94 Ga. 335 (21 S. E. 570); Pappa v. Pope, 25 Ga. App. 212 (103 S. E. 99). See Hadden v. Fuqua, 194 Ga. 621, 626 (22 S. E. 2d, 377).

Writ of error dismissed.

Broyles, G. J., and Gardner, J., concur.

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MacIntyre, J.

The judge certified that the bill of exceptions was tendered on September 24, 1945, and within the time prescribed by law, but further certified that it was returned to counsel for the plaintiff in error for correction on said date, September 24, 1945, and that the same was corrected and again tendered to him on March 4, 1946, on which date he certified the bill of exceptions. Such certificate was dated March 4, 1946. Held-. The judge having returned the ordinary bill of exceptions to the plaintiff in error for correction, and the plaintiff in error having failed to return such bill of exceptions as corrected within 30 days, the writ of error, under the facts in this ease, must be dismissed, no reason appearing for the delay of over 5 months in retendering it. Code, §§ 6-902, 6-909; Atkins v. Winter, 121 Ga. 75 (48 S. E. 717); Turner v. Turner, 191 Ga. 123 (12 S. E. 2d, 633); Allison v. Jowers, 94 Ga. 335 (21 S. E. 570); Pappa v. Pope, 25 Ga. App. 212 (103 S. E. 99). See Hadden v. Fuqua, 194 Ga. 621, 626 (22 S. E. 2d, 377).

Writ of error dismissed.

Broyles, G. J., and Gardner, J., concur.

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39 S.E.2d 452, 74 Ga. App. 223, 1946 Ga. App. LEXIS 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-state-gactapp-1946.

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