Hardy v. D. G. Machinery Gage Company

Full title: HARDY et al. v. D. G. MACHINERY GAGE COMPANY

Court: Supreme Court of Georgia

Date published: Nov 21, 1968

165 S.E.2d 127 (Ga. 1968)

165 S.E.2d 127

Opinion

24817.

ARGUED NOVEMBER 13, 1968.

DECIDED NOVEMBER 21, 1968. REHEARING DENIED DECEMBER 5, 1968.

Certiorari to the Court of Appeals of Georgia — 118 Ga. App. 45 ( 162 S.E.2d 852).

Nall, Miller, Cadenhead Dennis, Robert E. Corry, Jr., for appellants.

Fine Block, Sturgis S. Bates, III, William A. Edwards, Jr., for appellee.

UNDERCOFLER, Justice.

The writ of certiorari was granted in this case to review the ruling of the Court of Appeals which held that the motion to dismiss the appeal in that court on the ground that the transcript was not filed within thirty days of the filing of the notice of appeal as required by Code Ann. § 6-806 (Ga. L. 1965, pp. 18, 26) or within any extension of time obtained under Code Ann. § 6-804 (Ga. L. 1965, pp. 18, 21) was without merit in view of the 1968 addition of Paragraph (d) to Section 13 of the Appellate Practice Act of 1965 (Ga. L. 1968, pp. 1072, 1073, Sec. 2; Code Ann. § 6-809 (d)). D. G. Machinery Gage Co. v. Hardy, 118 Ga. App. 45 (1) ( 162 S.E.2d 852).

Under the ruling of this court in Fahrig v. Garrett, 224 Ga. 817, the motion to dismiss the appeal should have been granted.

Judgment reversed. All the Justices concur.

ARGUED NOVEMBER 13, 1968 — DECIDED NOVEMBER 21, 1968 — REHEARING DENIED DECEMBER 5, 1968.