Usher v. Harrelson

Court of Appeals of Georgia

Usher v. Harrelson

78 S.E. 852, 13 Ga. App. 118, 1913 Ga. App. LEXIS 61

CourtCourt of Appeals of Georgia

DecidedJuly 22, 1913

Docket4475

StatusPublished

Cited by3 cases

This text of 78 S.E. 852 (Usher v. Harrelson) 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

Usher v. Harrelson, 78 S.E. 852, 13 Ga. App. 118, 1913 Ga. App. LEXIS 61 (Ga. Ct. App. 1913).

Pincite

Opinion

Russell, J.

1. Where a bill of exceptions is duly and regularly certified according to law, an additional certificate, following the one required by statute, will be ignored and treated as surplusage. Stillwell v. Watkins, 135 Ga. 149 (68 S. E. 1114); Dyson v. Southern Railway Co., 113 Ga. 327 (3), 328 (38 S. E. 749); Woolf v. State, 104 Ga. 536 (3), 537 (30 S. E. 796).

2. In the absence of an order, granted in term, continuing the hearing of a motion to set aside a judgment, the court is without jurisdiction to render a judgment in the premises in vacation. Judgment reversed.

Motion to set aside judgment; from city court of Springfield— Judge Smith. August 6, 1918.

Joseph A. Cronk, Paul E. Seabrook, Stubbs & Chapman, for plaintiffs in error. H. A. Boykin, contra.

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