Lang v. Montgomery

Supreme Court of Georgia

Lang v. Montgomery

79 S.E. 840, 140 Ga. 690, 1913 Ga. LEXIS 223

CourtSupreme Court of Georgia

DecidedOctober 14, 1913

StatusPublished

Cited by4 cases

This text of 79 S.E. 840 (Lang v. Montgomery) 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

Lang v. Montgomery, 79 S.E. 840, 140 Ga. 690, 1913 Ga. LEXIS 223 (Ga. 1913).

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Opinion

Hill, J.

1. “Where it appears that, the clerk of a trial court has failed to transmit to the Supreme Court, within the time prescribed by law, a bill of exceptions and transcript, and that the plaintiff in error or his attorney ‘has been the cause of the delay, . . by consent, direction, or procurement of any kind,’ the writ of error will be dismissed.” Wheeler v. Crawford, 135 Ga. 148 (69 S. E. 22) ; Wilson v. State, 124 Ga. 30 (52 S. E. 81) ; Budden v. Brooks, 123 Ga. 882 (51 S. E. 727); Civil Code, §§ 6185, 6186.

2. Accordingly, where a bill of exceptions was filed with the clerk of the trial court on October 11, 1912, but the bill of exceptions and transcript were not transmitted to the Supreme Court until November 13, 1912, because the plaintiff in error (who is also an attorney) held the papers in his office, as appears by the certificate of the clerk of the trial court, the bill of exceptions will be dismissed.

Writ of error dismissed.

All the Justices concur.

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Hill, J.

1. “Where it appears that, the clerk of a trial court has failed to transmit to the Supreme Court, within the time prescribed by law, a bill of exceptions and transcript, and that the plaintiff in error or his attorney ‘has been the cause of the delay, . . by consent, direction, or procurement of any kind,’ the writ of error will be dismissed.” Wheeler v. Crawford, 135 Ga. 148 (69 S. E. 22) ; Wilson v. State, 124 Ga. 30 (52 S. E. 81) ; Budden v. Brooks, 123 Ga. 882 (51 S. E. 727); Civil Code, §§ 6185, 6186.

2. Accordingly, where a bill of exceptions was filed with the clerk of the trial court on October 11, 1912, but the bill of exceptions and transcript were not transmitted to the Supreme Court until November 13, 1912, because the plaintiff in error (who is also an attorney) held the papers in his office, as appears by the certificate of the clerk of the trial court, the bill of exceptions will be dismissed.

Writ of error dismissed.

All the Justices concur.

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Bluebook (online)

79 S.E. 840, 140 Ga. 690, 1913 Ga. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lang-v-montgomery-ga-1913.

Opinion

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