109 Ga. 262 | Ga. | 1899
Ellen Gordon applied to the superior court for a rule nisi against George Gordon, calling upon him to show cause why he should not be attached for contempt for failing to pay an amount alleged to be due to her as alimony and attorney’s fees under an order previously passed by the superior court directing him to pay the sums mentioned. A corporation which had been served with process of garnishment, founded on the judgment against George Gordon for alimony and attorney’s fees, had answered that it was indebted to him in a given sum. In answer to the rule served on him George Gordon set up that his failure to pay the amount which he
When the case was called in this court a motion was made to dismiss the writ of error, because the subject-matter of the proceeding before the judge was such that a fast writ of error should have been sued out to review his judgment in this court, and as the bill of exceptions which was sued out was not tendered to the judge within twenty days from the date of the decision complained of, the same was not tendered within the time prescribed by law. The plaintiff in error contends that the subject-matter of the proceeding was such that the ordinary writ of error would lie to review the decision of the trial judge, and that as the bill of exceptions was tendered within thirty days, the case should be ordered transferred to the docket of the next term of this court.