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Usher v. Harrelson
13 Ga. App. 118
Ga. Ct. App.
1913
Check Treatment
Russell, J.

1. Where a bill of exceptions is duly and regularly certified according to law, an additional certificate, following the one required by statute, will be ignored and treated as surplusage. Stillwell v. Watkins, 135 Ga. 149 (68 S. E. 1114); Dyson v. Southern Railway Co., 113 Ga. 327 (3), 328 (38 S. E. 749); Woolf v. State, 104 Ga. 536 (3), 537 (30 S. E. 796).

2. In the absence of an order, granted in term, continuing the hearing of a motion to set aside a judgment, the court is without jurisdiction to render a judgment in the premises in vacation. Judgment reversed.

Motion to set aside judgment; from city court of Springfield— Judge Smith. August 6, 1918. Joseph A. Cronk, Paul E. Seabrook, Stubbs & Chapman, for plaintiffs in error. H. A. Boykin, contra.

Case Details

Case Name: Usher v. Harrelson
Court Name: Court of Appeals of Georgia
Date Published: Jul 22, 1913
Citation: 13 Ga. App. 118
Docket Number: 4475
Court Abbreviation: Ga. Ct. App.
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