Zachry v. Peoples Bank

Supreme Court of Georgia

Zachry v. Peoples Bank

148 S.E. 165, 168 Ga. 469, 1929 Ga. LEXIS 166

CourtSupreme Court of Georgia

DecidedApril 10, 1929

DocketNo. 6727

StatusPublished

Cited by4 cases

This text of 148 S.E. 165 (Zachry v. Peoples Bank) 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

Zachry v. Peoples Bank, 148 S.E. 165, 168 Ga. 469, 1929 Ga. LEXIS 166 (Ga. 1929).

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Opinion

Hill, J.

The bill of exceptions in the instant ease recites the fact that the motion for new trial was overruled on May 27, 1928. It also recites: “Now comes the defendants within the time provided by law, within thirty days from the date of the order complained of, and presents this their bill of exceptions,” etc. The certificate of the trial judge certifying the bill of exceptions is dated June 26, 1928, and the record shows that the order of the trial judge overruling the motion for new trial is dated May 26, 1928. The case was tried at Franklin in Heard County, and the order overruling the motion fox new trial is dated at Buchanan, Georgia, May 26, 1928. It is therefore apparent that the order was signed at chambers, and that the certificate of the judge to the bill of exceptions was signed thirty-one days after the date of the order overruling the motion for new trial. In these circumstances the motion to dismiss the bill of exceptions must be sustained, and the writ of error is therefore dismissed. Civil Code (1910), § 6152; In re Ross, 95 Ga. 569 (20 S. E. 268); Dill v. Taylor, 160 Ga. 234 (127 S. E. 737); Jones v. State, 146 Ga. 8 (90 S. E. 280); Crawford v. Goodwin, 128 Ga. 134 (57 S. E. 240); Miller v. Butler, 137 Ga. 119 (72 S. E. 918); Mertins v. Pritchard, 135 Ga. 643 (70 S. E. 328); Harrison v. Lyerly Ginneries &c. Co., 155 Ga. 695 (117 S. E. 818).

Writ of error dismissed.

All the Justices concur.

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Hill, J.

The bill of exceptions in the instant ease recites the fact that the motion for new trial was overruled on May 27, 1928. It also recites: “Now comes the defendants within the time provided by law, within thirty days from the date of the order complained of, and presents this their bill of exceptions,” etc. The certificate of the trial judge certifying the bill of exceptions is dated June 26, 1928, and the record shows that the order of the trial judge overruling the motion for new trial is dated May 26, 1928. The case was tried at Franklin in Heard County, and the order overruling the motion fox new trial is dated at Buchanan, Georgia, May 26, 1928. It is therefore apparent that the order was signed at chambers, and that the certificate of the judge to the bill of exceptions was signed thirty-one days after the date of the order overruling the motion for new trial. In these circumstances the motion to dismiss the bill of exceptions must be sustained, and the writ of error is therefore dismissed. Civil Code (1910), § 6152; In re Ross, 95 Ga. 569 (20 S. E. 268); Dill v. Taylor, 160 Ga. 234 (127 S. E. 737); Jones v. State, 146 Ga. 8 (90 S. E. 280); Crawford v. Goodwin, 128 Ga. 134 (57 S. E. 240); Miller v. Butler, 137 Ga. 119 (72 S. E. 918); Mertins v. Pritchard, 135 Ga. 643 (70 S. E. 328); Harrison v. Lyerly Ginneries &c. Co., 155 Ga. 695 (117 S. E. 818).

Writ of error dismissed.

All the Justices concur.

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Bluebook (online)

148 S.E. 165, 168 Ga. 469, 1929 Ga. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zachry-v-peoples-bank-ga-1929.

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