Wright v. Clark

Supreme Court of Georgia

Wright v. Clark

76 S.E. 565, 139 Ga. 34, 1912 Ga. LEXIS 514

CourtSupreme Court of Georgia

DecidedNovember 18, 1912

StatusPublished

Cited by3 cases

This text of 76 S.E. 565 (Wright v. Clark) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wright v. Clark, 76 S.E. 565, 139 Ga. 34, 1912 Ga. LEXIS 514 (Ga. 1912).

Pincite

Opinion

Atkinson, J,

1. While the statute provides that «courts of ordinary shall sit on the first Monday of each month (Civil Code, § 4809), it is further provided that such courts, when the business of the court requires it, may adjourn to such times as the ordinary may think proper (Civil Code, § 4811) ; and it appearing in the record that the judgment from which an appeal was taken in this 'case was rendered on a day later than the first Monday in the month, the court of ordinary being a court of general jurisdiction, it will be presumed, in the absence of anything to the contrary, that the term of court was lawfully in session on the day judgment was rendered.

2. It appearing from the date of the judgment in the court of ordinary, as shown by the record, that the judgment appealed from was rendered on the 23d day of March, 1911, and that the appeal was entered on the same date, it was error to dismiss the appeal on the sole ground that it had not been taken in time. Civil Code, § 4999. ' .

Judgment reversed.

All the Justices concur.

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Atkinson, J,

1. While the statute provides that «courts of ordinary shall sit on the first Monday of each month (Civil Code, § 4809), it is further provided that such courts, when the business of the court requires it, may adjourn to such times as the ordinary may think proper (Civil Code, § 4811) ; and it appearing in the record that the judgment from which an appeal was taken in this 'case was rendered on a day later than the first Monday in the month, the court of ordinary being a court of general jurisdiction, it will be presumed, in the absence of anything to the contrary, that the term of court was lawfully in session on the day judgment was rendered.

2. It appearing from the date of the judgment in the court of ordinary, as shown by the record, that the judgment appealed from was rendered on the 23d day of March, 1911, and that the appeal was entered on the same date, it was error to dismiss the appeal on the sole ground that it had not been taken in time. Civil Code, § 4999. ' .

Judgment reversed.

All the Justices concur.

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Bluebook (online)

76 S.E. 565, 139 Ga. 34, 1912 Ga. LEXIS 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-clark-ga-1912.

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