Daniel v. Chastaine

Court of Appeals of Georgia

Daniel v. Chastaine

173 S.E. 864, 48 Ga. App. 799, 1934 Ga. App. LEXIS 201

CourtCourt of Appeals of Georgia

DecidedMarch 16, 1934

Docket23672

StatusPublished

Cited by2 cases

This text of 173 S.E. 864 (Daniel v. Chastaine) 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

Daniel v. Chastaine, 173 S.E. 864, 48 Ga. App. 799, 1934 Ga. App. LEXIS 201 (Ga. Ct. App. 1934).

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Opinion

Sutton, J.

This ease was carried to the Supreme Court by direct bill of exceptions; and that-,court, not having jurisdiction of the same, transferred the matter to this court for disposition. Daniel v. Chastaine, 177 Ga. 730. A judgment of the superior court of Richmond county dismissing a motion of the defendant in garnishment to have the garnishment bond strengthened, .on the ground that that court did not have jurisdiction of the matter, is not a final judgment from which a writ of error lies direct to this court. Civil Code (1910), § 6138; Ross v. Mercer, 115 Ga. 353 (41 S. E. 594) ; Mathews v. Rountree, 123 Ga. 327 (51 S. E. 423). Direction is given that the official copy of the bill of exceptions of file in the clerk’s office of the court below operate as exceptions pendente lite in the cause.

Writ of error dismissed, with direction.

Jenkins, P. J., and Stephens, J., concur.

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Sutton, J.

This ease was carried to the Supreme Court by direct bill of exceptions; and that-,court, not having jurisdiction of the same, transferred the matter to this court for disposition. Daniel v. Chastaine, 177 Ga. 730. A judgment of the superior court of Richmond county dismissing a motion of the defendant in garnishment to have the garnishment bond strengthened, .on the ground that that court did not have jurisdiction of the matter, is not a final judgment from which a writ of error lies direct to this court. Civil Code (1910), § 6138; Ross v. Mercer, 115 Ga. 353 (41 S. E. 594) ; Mathews v. Rountree, 123 Ga. 327 (51 S. E. 423). Direction is given that the official copy of the bill of exceptions of file in the clerk’s office of the court below operate as exceptions pendente lite in the cause.

Writ of error dismissed, with direction.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)

173 S.E. 864, 48 Ga. App. 799, 1934 Ga. App. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-chastaine-gactapp-1934.

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