Holton v. Kea

Court of Appeals of Georgia

Holton v. Kea

14 S.E.2d 572, 65 Ga. App. 5, 1941 Ga. App. LEXIS 225

CourtCourt of Appeals of Georgia

DecidedApril 21, 1941

Docket28894.

StatusPublished

This text of 14 S.E.2d 572 (Holton v. Kea) 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

Holton v. Kea, 14 S.E.2d 572, 65 Ga. App. 5, 1941 Ga. App. LEXIS 225 (Ga. Ct. App. 1941).

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Opinion

Sutton, J.

Where an appeal in forma pauperis was entered witliin the time required by law, from a judgment for more than $50 in a justice's court, and when the ease was called for trial in the superior court counsel for the appellee made a motion to dismiss the appeal because it did not show that it had ever been filed in the justice’s court, it was error to dismiss the appeal, where it appeared from the uncontroverted extrinsic evidence that the appeal was actually filed within the time required by law with the magistrate who rendered the judgment, although he had failed to sign his name to an entry on the appeal, showing that it was filed with him. Pearce v. Renfroe, 68 Ga. 194; Norrell v. Morrison, 99 Ga. 317 (25 S. E. 700) ; Veruki v. Savannah Electric Co., 10 Ga. App. 201 (73 S. E. 41). See Code, §§ 6-301, 6-302, 6-304, as to when and how such an appeal may be entered and transmitted to the superior court. Judgment reversed.

Stephens, P. J., and Felton, J., concur.

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Sutton, J.

Where an appeal in forma pauperis was entered witliin the time required by law, from a judgment for more than $50 in a justice's court, and when the ease was called for trial in the superior court counsel for the appellee made a motion to dismiss the appeal because it did not show that it had ever been filed in the justice’s court, it was error to dismiss the appeal, where it appeared from the uncontroverted extrinsic evidence that the appeal was actually filed within the time required by law with the magistrate who rendered the judgment, although he had failed to sign his name to an entry on the appeal, showing that it was filed with him. Pearce v. Renfroe, 68 Ga. 194; Norrell v. Morrison, 99 Ga. 317 (25 S. E. 700) ; Veruki v. Savannah Electric Co., 10 Ga. App. 201 (73 S. E. 41). See Code, §§ 6-301, 6-302, 6-304, as to when and how such an appeal may be entered and transmitted to the superior court. Judgment reversed.

Stephens, P. J., and Felton, J., concur.

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Bluebook (online)

14 S.E.2d 572, 65 Ga. App. 5, 1941 Ga. App. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holton-v-kea-gactapp-1941.

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