Webb v. City of Ellijay

Court of Appeals of Georgia

Webb v. City of Ellijay

83 S.E. 1099, 15 Ga. App. 642, 1915 Ga. App. LEXIS 17

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1915

Docket6159

StatusPublished

Cited by1 cases

This text of 83 S.E. 1099 (Webb v. City of Ellijay) 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

Webb v. City of Ellijay, 83 S.E. 1099, 15 Ga. App. 642, 1915 Ga. App. LEXIS 17 (Ga. Ct. App. 1915).

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Opinion

Broyles, J.

A prosecution for the violation of a municipal ordinance, punishable by fine or imprisonment, is a criminal case within the meaning of section 6153 of the Civil Code, requiring that “in all criminal cases, the bill of exceptions shall be tendered and signed within twenty days from the rendition of the decision.” Barnett v. City of Atlanta, 109 Ga. 166 (34 S. E. 322) ; Porter v. State, 124 Ga. 302 (52 S. E. 283, 2 L. R. A. (N. S.) 730) ; Pearson v. Wimbish, 124 Ga. 709 (52 S. E. 571, 4 Ann. Cas. 501). In the instant case, it appearing from the face of the bill of exceptions that the judgment complained of was rendered on October 17, 1914, and that the bill of exceptions was not tendered until November 10 (certified by the judge of the superior court on November 12, 1914), the writ of error must be ' Dismissed.

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Broyles, J.

A prosecution for the violation of a municipal ordinance, punishable by fine or imprisonment, is a criminal case within the meaning of section 6153 of the Civil Code, requiring that “in all criminal cases, the bill of exceptions shall be tendered and signed within twenty days from the rendition of the decision.” Barnett v. City of Atlanta, 109 Ga. 166 (34 S. E. 322) ; Porter v. State, 124 Ga. 302 (52 S. E. 283, 2 L. R. A. (N. S.) 730) ; Pearson v. Wimbish, 124 Ga. 709 (52 S. E. 571, 4 Ann. Cas. 501). In the instant case, it appearing from the face of the bill of exceptions that the judgment complained of was rendered on October 17, 1914, and that the bill of exceptions was not tendered until November 10 (certified by the judge of the superior court on November 12, 1914), the writ of error must be ' Dismissed.

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Bluebook (online)

83 S.E. 1099, 15 Ga. App. 642, 1915 Ga. App. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-city-of-ellijay-gactapp-1915.

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