Harker v. State

Court of Appeals of Georgia

Harker v. State

65 S.E. 963, 6 Ga. App. 774, 1909 Ga. App. LEXIS 453

CourtCourt of Appeals of Georgia

DecidedNovember 3, 1909

Docket2020

StatusPublished

Cited by1 cases

This text of 65 S.E. 963 (Harker v. State) 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

Harker v. State, 65 S.E. 963, 6 Ga. App. 774, 1909 Ga. App. LEXIS 453 (Ga. Ct. App. 1909).

Pincite

Opinion

Powell, J.

1. Tlie bill of exceptions was certified by the trial judge on June 12. Service was acknowledged June 12. It was not filed in the office of the clerk of the city court until June 30. This court is without jurisdiction, on account of the failure to file the bill of exceptions within the time required by law; and the writ of error is dismissed. Johnson v. State, 5 Ga. App. 490, and cit.

2. It appears, however, that the exceptions are to interlocutory matters, and that the bill of exceptions was certified and filed during the term. Upon the special facts shown, the court grants the application of the plaintiff in error for a direction that the official copy of the bill of exceptions, of file in the office of the clerk of the trial court, shall operate as exceptions pendente lite.

Writ of error dismissed, iiñih direction.

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Powell, J.

1. Tlie bill of exceptions was certified by the trial judge on June 12. Service was acknowledged June 12. It was not filed in the office of the clerk of the city court until June 30. This court is without jurisdiction, on account of the failure to file the bill of exceptions within the time required by law; and the writ of error is dismissed. Johnson v. State, 5 Ga. App. 490, and cit.

2. It appears, however, that the exceptions are to interlocutory matters, and that the bill of exceptions was certified and filed during the term. Upon the special facts shown, the court grants the application of the plaintiff in error for a direction that the official copy of the bill of exceptions, of file in the office of the clerk of the trial court, shall operate as exceptions pendente lite.

Writ of error dismissed, iiñih direction.

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Bluebook (online)

65 S.E. 963, 6 Ga. App. 774, 1909 Ga. App. LEXIS 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harker-v-state-gactapp-1909.

Opinion

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