Wright v. Moon

Court of Appeals of Georgia

Wright v. Moon

116 S.E. 545, 30 Ga. App. 87, 1923 Ga. App. LEXIS 266

CourtCourt of Appeals of Georgia

DecidedMarch 17, 1923

Docket13854

StatusPublished

Cited by2 cases

This text of 116 S.E. 545 (Wright v. Moon) 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

Wright v. Moon, 116 S.E. 545, 30 Ga. App. 87, 1923 Ga. App. LEXIS 266 (Ga. Ct. App. 1923).

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Opinion

Jenkins, P. J.

The motion to dismiss the writ of error must be granted, since it appears from the record and the certificate of the clerk that the judgment to which exception is taken was rendered on April 4, 1922, during the March term of the superior court, that such term did not adjourn until June 22, 1922, or more than “ 30 days from the date of the organization and opening of the court” (the exact date of which is not shown), even if it did not open before April 4th, the date of the judgment, and since it was therefore incumbent upon the plaintiff to tender his bill of exceptions “ within 60 days from the date of the decision, judgment,” etc. rendered. The bill of exceptions, not having been presented until July 22, or more than 60 days after the rendition of the judgment on April 4, cannot be entertained.

Writ of error dismissed.

Stephens and Bell, JJ., concur.

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Jenkins, P. J.

The motion to dismiss the writ of error must be granted, since it appears from the record and the certificate of the clerk that the judgment to which exception is taken was rendered on April 4, 1922, during the March term of the superior court, that such term did not adjourn until June 22, 1922, or more than “ 30 days from the date of the organization and opening of the court” (the exact date of which is not shown), even if it did not open before April 4th, the date of the judgment, and since it was therefore incumbent upon the plaintiff to tender his bill of exceptions “ within 60 days from the date of the decision, judgment,” etc. rendered. The bill of exceptions, not having been presented until July 22, or more than 60 days after the rendition of the judgment on April 4, cannot be entertained.

Writ of error dismissed.

Stephens and Bell, JJ., concur.

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Bluebook (online)

116 S.E. 545, 30 Ga. App. 87, 1923 Ga. App. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-moon-gactapp-1923.

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