History
  • No items yet
midpage
Mulling v. Exchange Bank
137 Ga. 431
Ga.
1912
Check Treatment
Eish, C. J.

1. Where a bill of exceptions appears to have been signed by the trial judge on a given date, and contains no affirmative statement that it was tendered at a different date, the legal presumption is that it was tendered on the date of the certificate. Allison & Davis v. Jowers, 94 Ga. 335 (21 S. E. 570).

2. A bill of exceptions, having been tendered the trial judge for his certificate on a given date, was returned by him to counsel for plaintiff in error for correction, and was certified at a date 50 days later. In the absence of any statement in the certificate as to the cause of the delay, it must be held that such delay was unreasonable, and that therefore the bill of exceptions must be dismissed. Atkins v. Winter, 121 Ga. 75 (48 S. E. 717); Dykes v. Brock, 128 Ga. 395 (57 S. E. 700); Meador v. Callicott, 129 Ga. 631 (60 S. E. 863).

Writ of error dismissed.

All the Justices concur, except Bill, J., not presiding.

Case Details

Case Name: Mulling v. Exchange Bank
Court Name: Supreme Court of Georgia
Date Published: Jan 12, 1912
Citation: 137 Ga. 431
Court Abbreviation: Ga.
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.