Undercofler v. McLennan

Full title: UNDERCOFLER, State Revenue Commissioner v. McLENNAN

Court: Supreme Court of Georgia

Date published: Jan 6, 1966

146 S.E.2d 635 (Ga. 1966)

146 S.E.2d 635

Opinion

23198.

ARGUED NOVEMBER 9, 1965.

DECIDED JANUARY 6, 1966.

Appellate procedure. Fulton Superior Court. Before Judge Wood, Emeritus.

Arthur K. Bolton, Attorney General, John Dean, Assistant Attorney General, E. Freeman Leverett, Deputy Assistant Attorney General, for appellant.

Alex McLennan, for appellee.

ALMAND, Justice.

The appellees move to dismiss the appeal on the grounds that the enumeration of errors was not filed in this court within the time prescribed by the law (Sections 13 and 14, Appellate Practice Act; Ga. L. 1965, pp. 18, 29-30, 240, 242-244; Code Ann. §§ 6-809, 6-810) and Rule 20 of this court. The record discloses that this appeal was docketed on September 28, 1965, and the enumeration of errors was filed on October 22, 1965. The enumeration of errors not being timely filed, under the rulings in Stanford v. Evans, Reed Williams, 221 Ga. 331 ( 145 S.E.2d 504) and Yost v. Gunby, 221 Ga. 552 ( 145 S.E.2d 575), the motion to dismiss is sustained.

Appeal dismissed. All the Justices concur.

ARGUED NOVEMBER 9, 1965 — DECIDED JANUARY 6, 1966.