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Hardy v. DG MacHinery & Gage Company

165 S.E.2d 127, 224 Ga. 818, 1968 Ga. LEXIS 965
CourtSupreme Court of Georgia
DecidedNovember 21, 1968
Docket24817
StatusPublished
Cited by28 cases

This text of 165 S.E.2d 127 (Hardy v. DG MacHinery & Gage Company) 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
Hardy v. DG MacHinery & Gage Company, 165 S.E.2d 127, 224 Ga. 818, 1968 Ga. LEXIS 965 (Ga. 1968).

Opinion

Undercofler, Justice.

The writ of certiorari was granted in this case to review the ruling of the Court of Appeals which *819 held that the motion to dismiss the appeal in that court on the ground that the transcript was not filed within thirty days of the filing of the notice of appeal as required by Code Ann. § 6-806 (Ga. L. 1965, pp. 18, 26) or within any extension of time obtained under Code Ann. § 6-804 (Ga. L. 1965, pp. 18, 21) was without merit in view of the 1968 addition of Paragraph (d) to Section 13 of the Appellate Practice Act of 1965 (Ga. L. 1968, pp. 1072, 1073, Sec. 2; Code Ann. § 6-809 (d)). D. G. Machinery & Gage Co. v. Hardy, 118 Ga. App. 45 (1) (162 SE2d 852).

Argued November 13, 1968 Decided November 21, 1968 Rehearing denied December 5, 1968. Nall, Miller, Cadenhead & Dennis, Robert E. Corry, Jr., for appellants. Fine & Block, Sturgis S. Bates, III, William A. Edwards, Jr., for appellee.

Under the ruling of this court in Fahrig v. Garrett, 224 Ga. 817, the motion to dismiss the appeal should have been granted.

Judgment reversed.

All the Justices concur.

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Bluebook (online)
165 S.E.2d 127, 224 Ga. 818, 1968 Ga. LEXIS 965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardy-v-dg-machinery-gage-company-ga-1968.