History
  • No items yet
midpage
Johnson v. State
63 S.E. 533
Ga. Ct. App.
1909
Check Treatment
Powell, J.

This court has no jurisdiction of a bill of exceptions which has not been presented and filed in accordance with the statute; and hence it becomes its duty to dismiss a writ of error, even in the absence of a formal motion to dismiss, when the-statutory prerequisites have not been complied with. After the court had agreed upon a judgment on the merits in the present case (an affirmance, by the way; so that the plaintiff in error is-not hurt very much after all), we discovered that the clerk’s entry of filing on the bill of exceptions was dated more than fifteen days-after the day on which the judge signed the certificate to the bilL of exceptions; and under Cook v. State, 120 Ga. 137 (47 S. E. 562), this is fatal to jurisdiction in this court.

Writ of error dismissed.

Case Details

Case Name: Johnson v. State
Court Name: Court of Appeals of Georgia
Date Published: Jan 27, 1909
Citation: 63 S.E. 533
Docket Number: 1552
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.