179 Ga. 633 | Ga. | 1934
Gresham Duckett, claiming title to described land, filed a petition in which he alleged that C. J. Jordan was wrongfully in possession thereof and was wrongfully cutting timber off of a described portion. The bill of exceptions contains a demurrer to the petition, and recites that “none of the evidence in said case is material to a. clear understanding, or to elucidate the errors complained of in this bill of exceptions.” The only judgment rendered, as shown by the record, is: “It is considered, ordered, and adjudged that the prayers of the plaintiff'for a restraining order be granted. And the defendant C. J. Jordan, his agents, servants,
As a part of the certificate on the bill of exceptions, the trial judge recites: “The court did not pass any order on the demurrer, either overruling or sustaining the demurrer. Copies of the deeds under the power of sale were before the court and the original suit between the same parties in the same court, in which the sale was authorized by a judgment of the court, and which judgment was not excepted to.”
The defendant in error moved to dismiss the writ of error, on the grounds: (1) The certificate does not verify the bill of exceptions as true, but only in part true. (2) There is no evidence brought before the Supreme Court. (3) There was no judgment on the demurrers.
1. To give this court jurisdiction, the judge’s certificate to the bill of exceptions must state that it is true; and for lack of such certification the writ of error will be dismissed. Cady v. Cady, 161 Ga. 556 (131 S. E. 282), and cit. Where the judge’s certificate to a bill of exceptions verifies it in part only, and shows it to be in part untrue, the certificate is not a lawful one, and the writ of error must be dismissed. Hawkins v. Americus, 102 Ga. 786 (30 S. E. 519); Love v. Love, 146 Ga. 160 (91 S. E. 27).
2. As to ground 2 of the motion to dismiss, see Town of Fair
Writ of error dismissed.