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Smith v. Watson

80 S.E. 862, 14 Ga. App. 322, 1914 Ga. App. LEXIS 248
CourtCourt of Appeals of Georgia
DecidedFebruary 4, 1914
Docket5067
StatusPublished
Cited by3 cases

This text of 80 S.E. 862 (Smith v. Watson) 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
Smith v. Watson, 80 S.E. 862, 14 Ga. App. 322, 1914 Ga. App. LEXIS 248 (Ga. Ct. App. 1914).

Opinion

Roan, J.

Where it appears that the clerk of the trial court has failed to transmit to the Court of Appeals within the time prescribed by law the transcript of the record, 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 Ca. 148 (69 S. E. 22); Lang v. Montgomery, 140 (79 690 (79 S. E. 840). The fact that there was only two days delay beyond the statutory period does not prevent the rule above stated from applying. It is as much a violation of the statute to delay sending a transcript for one day as for a longer period.

Writ of error dismissed.

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Related

Atlanta & Lowry National Bank v. Goodwin
128 S.E. 691 (Court of Appeals of Georgia, 1925)
Hutto v. State
99 S.E. 710 (Court of Appeals of Georgia, 1919)
Nobles v. Smith
87 S.E. 606 (Court of Appeals of Georgia, 1916)

Cite This Page — Counsel Stack

Bluebook (online)
80 S.E. 862, 14 Ga. App. 322, 1914 Ga. App. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-watson-gactapp-1914.