137 Ga. 291 | Ga. | 1911
The judgment of the court overruling the motion for a new trial was rendered oil May 27, 1911. The hill of exceptions assigning error on the judgment is regular upon its face down to and including the portions of the record specified in the same, except that it is not signed by the attorneys for the plaintiff in error prior to the certificate of the trial judge, which was signed on August 12, 1911, more than 76 days after the signing of the judgment complained of. It appears from the certificate of the clerk of the superior court of Ben Ilill county: “I further certify that the April term of said court, at which said case was tried, adjourned -, 19-.” In the acknowledgment of service immediately following the certificate of the trial judge, by the attorneys for the defendant in error, it is stated that “we agree not to make any objection to said bill of exceptions on account of not being presented to the judge in time. Aug. 14, 1911.” It further appears that the bill of exceptions is all bradded together-, and marked “filed in office” by the clerk of the superior court on August 19, 1911; and the
Writ of error dismissed.