Since the amendment to Code § 6-906 authorizing another judge of the superior court of the circuit to sign where the judge who presides is "otherwise incapable of acting" refers to superior courts only, it appears that the only judge authorized by law to sign the bill of exceptions in this case, then pending in the Civil Court of Fulton County, was Hon. Tom Camp who presided at the demurrer hearing. Jett v. Jones, 87 Ga. App. 531 ( 74 S.E.2d 483). The bill of exceptions was marked "Tendered, 3:55 p. m., 2-28-58, Hewitt W. Chambers, Clerk", and the date is within the time authorized by law for tendering such bill of exceptions. The judge's certificate is dated March 3, 1958, and recites that he was absent from Fulton County from February 27 to March 3, and upon his return the clerk tendered the bill of exceptions to him.
In the present case Judge Dunbar Harrison rendered the judgment complained of, to wit: the judgment denying the plaintiffs in error a new trial, and although Judge McWhorter presided in the trial before the jury, and although he rendered the judgments complained of in the motion for new trial, he did not render the judgments complained of in the bill of exceptions and was without authority to certify the bill of exceptions so as to give jurisdiction of the writ of error to this court. See Jett v. Jones, 87 Ga. App. 531 ( 74 S.E.2d 483), and cases cited. See also Suggs v. Suggs, 196 Ga. 505 ( 26 S.E.2d 886). Since this court is without jurisdiction of the writs of error, they must be dismissed.