Shadinger v. State

Court of Appeals of Georgia

Shadinger v. State

36 S.E.2d 871, 73 Ga. App. 457, 1946 Ga. App. LEXIS 331

CourtCourt of Appeals of Georgia

DecidedFebruary 8, 1946

Docket31154.

StatusPublished

This text of 36 S.E.2d 871 (Shadinger v. State) 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

Shadinger v. State, 36 S.E.2d 871, 73 Ga. App. 457, 1946 Ga. App. LEXIS 331 (Ga. Ct. App. 1946).

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Opinion

Gardner, J.

The certificate of the trial judge to the bill of exceptions fails to state that the bill of exceptions is true. For this reason it is incumbent upon and the duty of this court to ■ dismiss the bill of exceptions for lack of jurisdictional authority to pass upon the alleged errors assigned. Code, § 6-806; Head v. State, 50 Ga. App. 190 (177 S. E. 255); Borden v. Atlantic Coast Line R. Co., 60 Ga. App. 206 (3 S. E. 2d, 469). Where the trial judge fails to certify that the bill of exceptions "is true” it is the duty of this court to dismiss the bill of exceptions of its own motion. Etheridge v. Henderson, 188 Ga. 189 (3 S. E. 2d, 674). See numerous other citations under the above section in the Annotated Code.

Writ of error dismissed.

Broyles, G. J., and MacIntyre, J., concur.

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Gardner, J.

The certificate of the trial judge to the bill of exceptions fails to state that the bill of exceptions is true. For this reason it is incumbent upon and the duty of this court to ■ dismiss the bill of exceptions for lack of jurisdictional authority to pass upon the alleged errors assigned. Code, § 6-806; Head v. State, 50 Ga. App. 190 (177 S. E. 255); Borden v. Atlantic Coast Line R. Co., 60 Ga. App. 206 (3 S. E. 2d, 469). Where the trial judge fails to certify that the bill of exceptions "is true” it is the duty of this court to dismiss the bill of exceptions of its own motion. Etheridge v. Henderson, 188 Ga. 189 (3 S. E. 2d, 674). See numerous other citations under the above section in the Annotated Code.

Writ of error dismissed.

Broyles, G. J., and MacIntyre, J., concur.

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Bluebook (online)

36 S.E.2d 871, 73 Ga. App. 457, 1946 Ga. App. LEXIS 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shadinger-v-state-gactapp-1946.

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