Kirk v. City of Atlanta

Court of Appeals of Georgia

Kirk v. City of Atlanta

180 S.E. 253, 51 Ga. App. 269, 1935 Ga. App. LEXIS 659

CourtCourt of Appeals of Georgia

DecidedMay 20, 1935

Docket24639

StatusPublished

Cited by2 cases

This text of 180 S.E. 253 (Kirk 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.

Bluebook

Kirk v. City of Atlanta, 180 S.E. 253, 51 Ga. App. 269, 1935 Ga. App. LEXIS 659 (Ga. Ct. App. 1935).

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Opinion

MacIntyre, J.

The certiorari was overruled on November 20, 1934, and the bill of exceptions recites: “Now within the time prescribed by law and within thirty days from the date of the error complained of” (the overruling of the certiorari), etc. The bill of exceptions was certified by the judge on December 17, 1934. This being a criminal case, it must affirmatively appear that the bill of exceptions was presented for certification within twenty days from the date of the judgment complained of, and it does not so appear in this case. See Jones v. State, 146 Ga. 8 (90 S. E. 280); McCrory v. State, 42 Ga. App. 287 (155 S. E. 781); Mansfield v. State, 94 Ga. 74 (20 S. E. 249); Mayfield v. State, 35 Ga. App. 578 (134 S. E. 188). This being a jurisdictional question, the court is without jurisdiction to entertain the case.

Writ of error dismissed.

Broyles, G. J., and Guerry, J., concur.

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MacIntyre, J.

The certiorari was overruled on November 20, 1934, and the bill of exceptions recites: “Now within the time prescribed by law and within thirty days from the date of the error complained of” (the overruling of the certiorari), etc. The bill of exceptions was certified by the judge on December 17, 1934. This being a criminal case, it must affirmatively appear that the bill of exceptions was presented for certification within twenty days from the date of the judgment complained of, and it does not so appear in this case. See Jones v. State, 146 Ga. 8 (90 S. E. 280); McCrory v. State, 42 Ga. App. 287 (155 S. E. 781); Mansfield v. State, 94 Ga. 74 (20 S. E. 249); Mayfield v. State, 35 Ga. App. 578 (134 S. E. 188). This being a jurisdictional question, the court is without jurisdiction to entertain the case.

Writ of error dismissed.

Broyles, G. J., and Guerry, J., concur.

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Bluebook (online)

180 S.E. 253, 51 Ga. App. 269, 1935 Ga. App. LEXIS 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirk-v-city-of-atlanta-gactapp-1935.

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