4 Ga. App. 484 | Ga. Ct. App. | 1908
1. Where the bill of exceptions recites that it was tendered within the time prescribed by the Civil Code, §5539, the writ of error will not he dismissed because the presiding judge failed to certify tlie same within the statutory period, unless it be made to appear that his failure to so certify was caused by some act of the plaintiff in error or his counsel. Acts 1896, p. 45; Moore v. Kelly & Jones Co., 109 Ga. 798 (35 S. E. 168).
2. In computing the ten days within which a hill of exceptions should be served, section 4, paragraph 8, of the Political Code, is applicable, and only the first or last day should be counted. Consequently a bill of exceptions certified on the 11th day of March, 1908, and served on the 21st of March, 1908, is within the ten days prescribed. Rusk v. Hill, 117 Ga. 722 (45 S. E. 42).
3. The failure to pay costs and give bond, or to file a proper pauper affidavit in lieu thereof, in excepting to the judgment of the court below, will not deprive this court of jurisdiction. It is only where it is desired that the bill of exceptions shall operate as a supersedeas that costs must be paid and bond given or pauper affidavit filed. Cummings v. Clegg, 82 Ga. 766 (9 S. E. 1042) ; Perkins v. Rowland, 69 Ga. 661.
4. Where the only assignment of error contained in the bill of exceptions is not alluded to or insisted on in the brief submitted for the plaintiff in error, this court will treat it as having been abandoned. Dicks v. State, 1 Ga. App. 192 (58 S. E. 335); Hines v. State, 2 Ga. App. 383 (58 S. E. 524); Stewart v. Marietta F. & B. Co., 129 Ga. 418 (59 S. E. 231). Judgment affirmed.