132 Ga. 48 | Ga. | 1909
"Under these facts the case does not fall within the provision of the act which remains of force; nor can it be dealt with under the provision which has been held unconstitutional. We allowed the record and bill of exceptions to be filed and submitted to us on the question of practice, and accepted briefs on the merits, to be considered if we determined that we could do so. "Upon consideration of the first point, however, we are of opinion that we can not now hear and determine the case on its merits, and that it must be dismissed.
If the power exists, it then becomes a question of the propriety of its exercise. The present case presents a state of facts which render the grant of the application proper. According to the certificate of the deputy clerk of the superior court, sent to this court, the bill of exceptions was filed in due time, and neither
Writ of error dismissed, with direction.