Strickland v. Arnall

Court of Appeals of Georgia

Strickland v. Arnall

46 S.E.2d 144, 76 Ga. App. 389, 1948 Ga. App. LEXIS 377

CourtCourt of Appeals of Georgia

DecidedJanuary 14, 1948

Docket31827.

StatusPublished

Cited by2 cases

This text of 46 S.E.2d 144 (Strickland v. Arnall) 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

Strickland v. Arnall, 46 S.E.2d 144, 76 Ga. App. 389, 1948 Ga. App. LEXIS 377 (Ga. Ct. App. 1948).

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Opinion

MacIntyre, P. J.

1. Counsel for the defendant in error suggested in his brief that this court is without jurisdiction in the instant case because the bill of exceptions was not tendered within the time prescribed by law.

2. “ ‘It is not only the right but the duty of a reviewing or appellate court to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction.’ ” Tillman v. Groover, 25 Ga. App. 118 (102 S. E. 879).

3. The act of 1946 (Ga. L. 1946, pp. 726, 734, see. 6), provides: “That sec-’ tion 6-902 of the Code of 1933, which is: . . be repealed and that there be adopted and prescribed in lieu thereof the following: ‘Bills of exceptions shall be tendered to the judge who presided in the cause within 20 days from the date of the decision complained of. This provision as to time shall ■ apply to bills of exceptions in all classes of cases and shall so apply ir- • respective of whether or not the term at which the decision was rendered had adjourned, and irrespective of whether the decision complained of was rendered in vacation or at chambers or during a term of court, except that nothing herein contained shall change any provision of section 27-1201 of the Code of 1933 providing the time within which direct bills of exceptions must be taken to denials of motions for change of venue.’ ”

4 Thus, where the trial judge sustained a demurrer to and dismissed the counter-affidavit of the defendant on September 3, 1947, and the defendant did not tender his bill of exceptions until September 26, 1947, the writ of error must be dismissed.

Writ of error dismissed.

Gardner and Townsend, JJ., concur.

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MacIntyre, P. J.

1. Counsel for the defendant in error suggested in his brief that this court is without jurisdiction in the instant case because the bill of exceptions was not tendered within the time prescribed by law.

2. “ ‘It is not only the right but the duty of a reviewing or appellate court to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction.’ ” Tillman v. Groover, 25 Ga. App. 118 (102 S. E. 879).

3. The act of 1946 (Ga. L. 1946, pp. 726, 734, see. 6), provides: “That sec-’ tion 6-902 of the Code of 1933, which is: . . be repealed and that there be adopted and prescribed in lieu thereof the following: ‘Bills of exceptions shall be tendered to the judge who presided in the cause within 20 days from the date of the decision complained of. This provision as to time shall ■ apply to bills of exceptions in all classes of cases and shall so apply ir- • respective of whether or not the term at which the decision was rendered had adjourned, and irrespective of whether the decision complained of was rendered in vacation or at chambers or during a term of court, except that nothing herein contained shall change any provision of section 27-1201 of the Code of 1933 providing the time within which direct bills of exceptions must be taken to denials of motions for change of venue.’ ”

4 Thus, where the trial judge sustained a demurrer to and dismissed the counter-affidavit of the defendant on September 3, 1947, and the defendant did not tender his bill of exceptions until September 26, 1947, the writ of error must be dismissed.

Writ of error dismissed.

Gardner and Townsend, JJ., concur.

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46 S.E.2d 144, 76 Ga. App. 389, 1948 Ga. App. LEXIS 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-arnall-gactapp-1948.

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