Pate v. Kister

Court of Appeals of Georgia

Pate v. Kister

110 S.E. 756, 28 Ga. App. 278, 1922 Ga. App. LEXIS 449

CourtCourt of Appeals of Georgia

DecidedMarch 4, 1922

Docket12266

StatusPublished

Cited by3 cases

This text of 110 S.E. 756 (Pate v. Kister) 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

Pate v. Kister, 110 S.E. 756, 28 Ga. App. 278, 1922 Ga. App. LEXIS 449 (Ga. Ct. App. 1922).

Pincite

Opinion

Stephens, J.

1. “This court has no jurisdiction of a case, civil or criminal, unless the bill of exceptions is filed in the office of the clerk of the superior court within 15 days after its certification by the trial judge. Civil Code (1910), § 6167. A delinquency in this respect, being jurisdictional, can not be waived.” Johnson v. City of Atlanta, 9 Ga. App. 302 (70 S. E. 1120).

2. It appearing from the record in the instant ease that the bill of exceptions was filed in the office of the clerk of the superior court more than 15 days after its certification by the trial judge, this court is without jurisdiction and the writ of error must be dismissed.

Writ of error dismissed.

Jenkins, P. J., and, Hill, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI