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Lawskills.com Georgia Caselaw
WHITMIRE v. HOLLY MOUNTAIN FARMS CO.
35034.
Appellate procedure. Before Judge Pratt. Jackson Superior Court. November 7, 1953.
NICHOLS, J.
The plaintiff in error sought to except to a judgment. entered on November 7, 1953. denying his motion for new trial. Counsel for the defendant in error acknowledged, on December 5, 1953, notice of intention to present the bill of exceptions, and, on December 7, 1953, the court certified that the bill of exceptions was true. There was no recital in the bill of exceptions that it was tendered within the time provided by law.
Held: Since neither the record nor the bill of exceptions affirmatively shows that the bill of exceptions was "tendered to the judge who presided in the cause within 20 days from the date of the decision complained of," as required by Rule 6 of the Rules of Practice and Procedure for Appeal or Review (Ga. L. 1946, p. 734; Code, Ann. Supp., 6-902), this court is without jurisdiction to pass upon the writ of error. Crawford v. Goodwin, 128 Ga. 134 (57 S. E. 240); Blair v. Blair, 209 Ga. 347 (72 S. E. 2d 288); Coble v. Crowe, 89 Ga. App. 45 (78 S. E. 2 d 543); State Highway Department v. Crow, 84 Ga. App. 631 (66 S. E. 2d 770).
Erwin, Nix, Birchmore & Epting, Howell C. Erwin, Jack S. Davidson, contra.
Charles W. Smith, for plaintiff in error.
DECIDED APRIL 7, 1954
Saturday May 23 03:54 EDT


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