Cole v. Cole

Supreme Court of Georgia

Cole v. Cole

183 S.E.2d 743, 228 Ga. 9, 1971 Ga. LEXIS 449

CourtSupreme Court of Georgia

DecidedSeptember 8, 1971

Docket26595

StatusPublished

Cited by2 cases

This text of 183 S.E.2d 743 (Cole v. Cole) 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

Cole v. Cole, 183 S.E.2d 743, 228 Ga. 9, 1971 Ga. LEXIS 449 (Ga. 1971).

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Opinion

Grice, Justice.

This appeal is from the denial of injunctive relief against foreclosure upon real estate. The appellee [10]*10has moved to dismiss the appeal because the transcript of the evidence was not filed within 30 days after the notice of appeal was filed, as required by Ga. L. 1965, pp. 18, 26 (Code Ann. § 6-806). No application was made for extension oi time within which to file the transcript and none was granted. Under repeated rulings of this court, the motion to dismiss must be granted. See Fahrig v. Garrett, 224 Ga. 817 (165 SE2d 126); Stevens v. Clayton County, 226 Ga. 528 (175 SE2d 831); Massey v. State, 227 Ga. 257 (181 SE2d 71).

Argued July 12, 1971 Decided September 8, 1971. Harrison & Garner, James W. Garner, for appellant. Russell & McWhorter, Richard B. Russell, III, for appellee.

Appeal dismissed.

All the Justices concur.

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Grice, Justice.

This appeal is from the denial of injunctive relief against foreclosure upon real estate. The appellee [10]*10has moved to dismiss the appeal because the transcript of the evidence was not filed within 30 days after the notice of appeal was filed, as required by Ga. L. 1965, pp. 18, 26 (Code Ann. § 6-806). No application was made for extension oi time within which to file the transcript and none was granted. Under repeated rulings of this court, the motion to dismiss must be granted. See Fahrig v. Garrett, 224 Ga. 817 (165 SE2d 126); Stevens v. Clayton County, 226 Ga. 528 (175 SE2d 831); Massey v. State, 227 Ga. 257 (181 SE2d 71).

Argued July 12, 1971 Decided September 8, 1971. Harrison & Garner, James W. Garner, for appellant. Russell & McWhorter, Richard B. Russell, III, for appellee.

Appeal dismissed.

All the Justices concur.

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Bluebook (online)

183 S.E.2d 743, 228 Ga. 9, 1971 Ga. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-cole-ga-1971.

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