Home/Supreme Court of Georgia/Reynolds Banking Co. v. Beeland

Reynolds Banking Co. v. Beeland

82 S.E. 662, 142 Ga. 242, 1914 Ga. LEXIS 662
CourtSupreme Court of Georgia
DecidedAugust 18, 1914
StatusPublished
Cited by10 cases

This text of 82 S.E. 662 (Reynolds Banking Co. v. Beeland) 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
Reynolds Banking Co. v. Beeland, 82 S.E. 662, 142 Ga. 242, 1914 Ga. LEXIS 662 (Ga. 1914).

Opinion

Evans, P. J.

1. Where the judge certifies a bill of exceptions, he is without jurisdiction to certify, under a supplemental certificate, certain statements as explanatory of the circumstances under which the first certificate was made.

2. A suit was brought by a sheriff, for the use of the plaintiff in fi. fa., to recover for the breach of a forthcoming bond, in which suit the plaintiff’s attorney had a personal interest. A verdict was directed by the court in favor of the plaintiff. The defendant sued out a bill of exceptions. After the expiration of the time within which service could have been legally perfected, the following acknowledgments of service were endorsed upon the bill of exceptions: “Due and legal service of the within bill of exceptions is hereby acknowledged, and all other .and further service or notice is hereby waived. J. E. Beeland, Sheriff.” “Service of the within bill of exceptions is hereby acknowledged; no right as to proper time waived. R. S. Foy & W. F. Weaver, attys. for defendant in error.” Held, that the bill of exceptions must be dismissed. Moss v. Burch, 99 Ga. 94 (24 S. E. 865); Dunlap v. Seals, 130 Ga. 350 (60 S. E. 851).

Writ of error dismissed.

All the Justices concur.

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Cite This Page — Counsel Stack

Bluebook (online)
82 S.E. 662, 142 Ga. 242, 1914 Ga. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-banking-co-v-beeland-ga-1914.