Bower v. Bestwall Gypsum Company

Full title: BOWER et al. v. BESTWALL GYPSUM COMPANY

Court: Supreme Court of Georgia

Date published: Jan 8, 1960

112 S.E.2d 593 (Ga. 1960)

215 Ga. 593

Opinion

20682.

ARGUED NOVEMBER 9, 1959.

DECIDED JANUARY 8, 1960.

Appellate procedure. Decatur Superior Court. Before Judge Gray. May 7, 1959.

Earle B. May, Jr., Bell Baker, for plaintiffs in error.

Conger Conger, Gambrell, Harlan, Russell, Moye Richardson, James C. Hill, Harold N. Hill, Jr., contra.

ALMAND, Justice.

Code § 6-1001 provides: "Within 15 days from the date of the certificate of the judge, the bill of exceptions shall be filed in the office of the clerk of the court where the case was tried." The bill of exceptions in the present case not having been filed in the clerk's office until 17 days after the date of the certificate of the trial judge, it follows that the writ of error must be dismissed. Seaboard AirLine Ry. v. Wheat, 117 Ga. 751 ( 45 S.E. 77); DeLaPerriere v. Williams, 178 Ga. 274 ( 172 S.E. 919).

Writ of error dismissed. All the Justices concur.

ARGUED NOVEMBER 9, 1959 — DECIDED JANUARY 8, 1960.