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

Court of Appeals of Georgia·Decided September 12, 1946·No. 31247.·Published·Cited by 4 cases

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.

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

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