Seaboard Air-Line Railway v. Wheat

Supreme Court of Georgia

Seaboard Air-Line Railway v. Wheat

45 S.E. 77, 117 Ga. 751, 1903 Ga. LEXIS 323

CourtSupreme Court of Georgia

DecidedJune 25, 1903

StatusPublished

Cited by7 cases

This text of 45 S.E. 77 (Seaboard Air-Line Railway v. Wheat) 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

Seaboard Air-Line Railway v. Wheat, 45 S.E. 77, 117 Ga. 751, 1903 Ga. LEXIS 323 (Ga. 1903).

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Opinion

Castoler, J.

The Civil Code, § 5554, provides that, “ within fifteen days from the date of the certificate of the judge, the bill of exceptions shall be filed in the office of the clerk of the court where the case was tried. ” The bill of exceptions in the present case not having been filed in the clerk’s office until [752]*752sixteen days after the date of the certificate of the trial judge, it follows that the writ of error must be dismissed. Clifton v. Keaton, 59 Ga. 881; Miller v. Blitch, 74 Ga. 861. Writ of error dismissed.

Argued, June 11, Decided June 25, 1903.

Action for damages. Before Judge Evans. Wilcox superior court. August 2, 1902.

Tom Eason, for plaintiff in error. Hal Lawson and Eldridge Cults, contra. All the Justices concur.

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Castoler, J.

The Civil Code, § 5554, provides that, “ within fifteen days from the date of the certificate of the judge, the bill of exceptions shall be filed in the office of the clerk of the court where the case was tried. ” The bill of exceptions in the present case not having been filed in the clerk’s office until [752]*752sixteen days after the date of the certificate of the trial judge, it follows that the writ of error must be dismissed. Clifton v. Keaton, 59 Ga. 881; Miller v. Blitch, 74 Ga. 861. Writ of error dismissed.

Argued, June 11, Decided June 25, 1903.

Action for damages. Before Judge Evans. Wilcox superior court. August 2, 1902.

Tom Eason, for plaintiff in error. Hal Lawson and Eldridge Cults, contra. All the Justices concur.

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Bluebook (online)

45 S.E. 77, 117 Ga. 751, 1903 Ga. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seaboard-air-line-railway-v-wheat-ga-1903.

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