Day v. Trammell

Court of Appeals of Georgia

Day v. Trammell

161 S.E. 647, 44 Ga. App. 373, 1931 Ga. App. LEXIS 731

CourtCourt of Appeals of Georgia

DecidedDecember 15, 1931

Docket21866

StatusPublished

This text of 161 S.E. 647 (Day v. Trammell) 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. Trammell, 161 S.E. 647, 44 Ga. App. 373, 1931 Ga. App. LEXIS 731 (Ga. Ct. App. 1931).

Pincite

Opinion

Broyles, C. J.

1. Under repeated rulings of the Supreme Court and of this court, where a judge of the superior court has certified one bill of exceptions in a ease, he has exhausted his power in that respect and can not subsequently certify a second bill of exceptions. This is true irrespective of whether the first bill of exceptions was ever filed in the office of the clerk of the court.

2. Under the foregoing ruling and the facts'of this case, the motion of the defendant in error to dismiss the bill of exceptions must be granted.

Writ of error dismissed.

Luke, J., concitrs. Bloodioorth, J., absent on account of illness.

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Broyles, C. J.

1. Under repeated rulings of the Supreme Court and of this court, where a judge of the superior court has certified one bill of exceptions in a ease, he has exhausted his power in that respect and can not subsequently certify a second bill of exceptions. This is true irrespective of whether the first bill of exceptions was ever filed in the office of the clerk of the court.

2. Under the foregoing ruling and the facts'of this case, the motion of the defendant in error to dismiss the bill of exceptions must be granted.

Writ of error dismissed.

Luke, J., concitrs. Bloodioorth, J., absent on account of illness.

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Bluebook (online)

161 S.E. 647, 44 Ga. App. 373, 1931 Ga. App. LEXIS 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-v-trammell-gactapp-1931.