172 Ga. 233 | Ga. | 1931
Dissenting Opinion
I dissent from the judgment dismissing the bill of exceptions, for the same reasons that influenced me to dissent in King v. State, 169 Ga. 15 (149 S. E. 650), because I could not agree to the ruling in the second headnote of that case. I wholly dissent
I agree thoroughly to the ruling in the first headnote of the King case, supra; but I dissent altogether from the ruling in the second headnote, to the effect that if a bill of exceptions is not filed in the office of the clerk of the trial court within fifteen days from the date of the certificate of the judge, the Supreme Court loses or has not acquired jurisdiction, and that for want of jurisdiction
Lead Opinion
1. Where the date of the entry of filing by the clerk of the trial court upon a bill of exceptions, when considered in connection with the date of the judge’s certificate, shows that the bill of exceptions was filed in the clerk’s office more than fifteen days after it was certified by the judge, the writ of error will be dismissed. Civil Code, § 6167; Norris v. Baker County, 135 Ga. 229 (69 S. E. 106) ; King v. State, 169 Ga. 15 (2) (149 S. E. 650).
2. The dismissal of the main bill of exceptions, having the effect of affirming the judgment of the trial court by operation of law, without leaving the case to be tried again in the court below, will carry with it the cross-bill of exceptions. Civil Code, § 6139; Southwestern Railroad Co. v. Smithville, 134 Ga. 432 (67 S. E. 936) ; Hammond v. Conyers, 118 Ga. 539 (45 S. E. 417) ; Farnsworth v. McPherson, 147 Ga. 384 (94 S. E. 220).
3. If the bill of exceptions filed by O. J. Olmstead et al. in the present case could otherwise be treated as a main bill of exceptions,. it lacks the requisites of containing or specifying the evidence and specifying the necessary record. Southwestern R. Co. v. Smithville, supra.
Writs of error dismissed.