Day v. Harper

Court of Appeals of Georgia

Day v. Harper

98 S.E.2d 140, 95 Ga. App. 600, 1957 Ga. App. LEXIS 868

CourtCourt of Appeals of Georgia

DecidedApril 2, 1957

Docket36588

StatusPublished

This text of 98 S.E.2d 140 (Day v. Harper) 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

Day v. Harper, 98 S.E.2d 140, 95 Ga. App. 600, 1957 Ga. App. LEXIS 868 (Ga. Ct. App. 1957).

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Opinion

Nichols, J.

The writ of error in the present case was certified by Judge Land, Judge of the City Court of Columbus, on January 2, 1957. The case was tried before Judge Calhoun, Judge of the City Court of Columbus, and the motion for new trial was denied by him on December 7, 1956. Before the writ of error was tendered to Judge Land for certification, Judge Calhoun resigned in order to assume the position of Judge of the Superior Court of Muscogee County. Held:

[601]*601Decided April 2, 1957 Rehearing denied April 23, 1957. Hatcher, Smith ■& Stubbs, for plaintiff in error. Swift, Pease, Davidson & Chapman, Young ■& Hollis, contra.

1. “Where a judge presides at the trial of a case and subsequently passes an order overruling a motion for new trial, and, though neither dead nor laboring under any legal disability, he is succeeded by another as judge, the judge whose rulings it is sought to review, though he has ceased to be judge, is the only one who has authority to certify a bill of exceptions alleging error in overruling the motion for new trial. Where, under circumstances as just related, the successor to the judge who overruled the motion for new trial certified the bill of exceptions, this court is without jurisdiction to pass upon the errors alleged to have been committed.” Suggs v. Suggs, 196 Ga. 505 (26 S. E. 2d 886).

2. Where this court is without jurisdiction of the writ of error it has no authority to pass upon any assignment of error therein and it must be

Dismissed.

Felton, C. J., and Quillian, J., concur.

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Nichols, J.

The writ of error in the present case was certified by Judge Land, Judge of the City Court of Columbus, on January 2, 1957. The case was tried before Judge Calhoun, Judge of the City Court of Columbus, and the motion for new trial was denied by him on December 7, 1956. Before the writ of error was tendered to Judge Land for certification, Judge Calhoun resigned in order to assume the position of Judge of the Superior Court of Muscogee County. Held:

[601]*601Decided April 2, 1957 Rehearing denied April 23, 1957. Hatcher, Smith ■& Stubbs, for plaintiff in error. Swift, Pease, Davidson & Chapman, Young ■& Hollis, contra.

1. “Where a judge presides at the trial of a case and subsequently passes an order overruling a motion for new trial, and, though neither dead nor laboring under any legal disability, he is succeeded by another as judge, the judge whose rulings it is sought to review, though he has ceased to be judge, is the only one who has authority to certify a bill of exceptions alleging error in overruling the motion for new trial. Where, under circumstances as just related, the successor to the judge who overruled the motion for new trial certified the bill of exceptions, this court is without jurisdiction to pass upon the errors alleged to have been committed.” Suggs v. Suggs, 196 Ga. 505 (26 S. E. 2d 886).

2. Where this court is without jurisdiction of the writ of error it has no authority to pass upon any assignment of error therein and it must be

Dismissed.

Felton, C. J., and Quillian, J., concur.

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Bluebook (online)

98 S.E.2d 140, 95 Ga. App. 600, 1957 Ga. App. LEXIS 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-v-harper-gactapp-1957.

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