Johnson v. State

Court of Appeals of Georgia

Johnson v. State

63 S.E. 533, 5 Ga. App. 490, 1909 Ga. App. LEXIS 34

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1909

Docket1552

StatusPublished

Cited by4 cases

This text of 63 S.E. 533 (Johnson 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

Johnson v. State, 63 S.E. 533, 5 Ga. App. 490, 1909 Ga. App. LEXIS 34 (Ga. Ct. App. 1909).

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Opinion

Powell, J.

This court has no jurisdiction of a bill of exceptions which has not been presented and filed in accordance with the statute; and hence it becomes its duty to dismiss a writ of error, even in the absence of a formal motion to dismiss, when the-statutory prerequisites have not been complied with. After the court had agreed upon a judgment on the merits in the present case (an affirmance, by the way; so that the plaintiff in error is-not hurt very much after all), we discovered that the clerk’s entry of filing on the bill of exceptions was dated more than fifteen days-after the day on which the judge signed the certificate to the bilL of exceptions; and under Cook v. State, 120 Ga. 137 (47 S. E. 562), this is fatal to jurisdiction in this court.

Writ of error dismissed.

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Powell, J.

This court has no jurisdiction of a bill of exceptions which has not been presented and filed in accordance with the statute; and hence it becomes its duty to dismiss a writ of error, even in the absence of a formal motion to dismiss, when the-statutory prerequisites have not been complied with. After the court had agreed upon a judgment on the merits in the present case (an affirmance, by the way; so that the plaintiff in error is-not hurt very much after all), we discovered that the clerk’s entry of filing on the bill of exceptions was dated more than fifteen days-after the day on which the judge signed the certificate to the bilL of exceptions; and under Cook v. State, 120 Ga. 137 (47 S. E. 562), this is fatal to jurisdiction in this court.

Writ of error dismissed.

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Bluebook (online)

63 S.E. 533, 5 Ga. App. 490, 1909 Ga. App. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-gactapp-1909.

Opinion

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