Gray v. City of Atlanta

Court of Appeals of Georgia

Gray v. City of Atlanta

197 S.E. 63, 57 Ga. App. 862, 1938 Ga. App. LEXIS 423

CourtCourt of Appeals of Georgia

DecidedApril 26, 1938

Docket26798

StatusPublished

Cited by1 cases

This text of 197 S.E. 63 (Gray v. City of Atlanta) 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.

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Gray v. City of Atlanta, 197 S.E. 63, 57 Ga. App. 862, 1938 Ga. App. LEXIS 423 (Ga. Ct. App. 1938).

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Opinion

Broyles, O. J.

1. In all criminal eases, tiie bill of exceptions must be tendered to the judge within twenty days from the date of the decision complained of (Code, § 6-903) ; and where it fails to affirmatively appear from the bill of exceptions, the certificate of the judge, or the transcript of the record, that the bill of exceptions was tendered within the time prescribed by law, the reviewing court “is without jurisdiction, and the writ of error must be dismissed.” Coker v. Life & Casualty Co., 180 Ga. 525, 527 (179 S. E. 626).

2. This was a criminal case originating in the recorder’s court of the City of Atlanta. The defendant was convicted and fined for violating an ordinance of the city. Subsequently his certiorari was overruled on November 24, 1937; and the bill of exceptions recites that it was presented to the court “within thirty days” from the date of the order overruling the certiorari. The bill of exceptions was signed by the judge on December 22, 1937. It not affirmatively appearing that the bill of exceptions was tendered within twenty days from the date of the decision complained of, the writ of error must be

Dismissed.

Maelntyre and Guerry, JJ., concur. J. V. Poole, B. II. Sullivan, for plaintiff in error. J. G. Savage, G. S. Winn, Bond Almond, J. G. Murphy, contra.

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Broyles, O. J.

1. In all criminal eases, tiie bill of exceptions must be tendered to the judge within twenty days from the date of the decision complained of (Code, § 6-903) ; and where it fails to affirmatively appear from the bill of exceptions, the certificate of the judge, or the transcript of the record, that the bill of exceptions was tendered within the time prescribed by law, the reviewing court “is without jurisdiction, and the writ of error must be dismissed.” Coker v. Life & Casualty Co., 180 Ga. 525, 527 (179 S. E. 626).

2. This was a criminal case originating in the recorder’s court of the City of Atlanta. The defendant was convicted and fined for violating an ordinance of the city. Subsequently his certiorari was overruled on November 24, 1937; and the bill of exceptions recites that it was presented to the court “within thirty days” from the date of the order overruling the certiorari. The bill of exceptions was signed by the judge on December 22, 1937. It not affirmatively appearing that the bill of exceptions was tendered within twenty days from the date of the decision complained of, the writ of error must be

Dismissed.

Maelntyre and Guerry, JJ., concur. J. V. Poole, B. II. Sullivan, for plaintiff in error. J. G. Savage, G. S. Winn, Bond Almond, J. G. Murphy, contra.

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197 S.E. 63, 57 Ga. App. 862, 1938 Ga. App. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-city-of-atlanta-gactapp-1938.

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