Atlanta Home Builders Co v. Metro. Cas. Ins. Co

• Decision Date: 19 April 1934
• Docket Number: No. 23514.,23514.
• Citation: 175 S.E. 22,49 Ga.App. 241
• Parties: ATLANTA HOME BUILDERS CO. et al. v. METROPOLITAN CASUALTY INS. CO. et al.
• Court: Georgia Court of Appeals

49 Ga.App. 241

175 S.E. 22

ATLANTA HOME BUILDERS CO. et al.

v.METROPOLITAN CASUALTY INS. CO. et al.

No. 23514.

Court of Appeals of Georgia, Division No. 2.

April 19, 1934.

Rehearing Denied June 18, 1934.

Syllabus by Editorial Staff.

Error from Superior Court, Fulton County; John D. Humphries, Judge.

Proceeding wherein the Atlanta Home Builders Company and another were opposed by the Metropolitan Casualty Insurance Company and another. To review a judgment of the superior court affirming an award of the Department of Industrial Relations in favor of the Metropolitan Casualty Insurance Company, the Atlanta Home Builders Company and another bring error.

Affirmed.

C. M. Yeates, of Atlanta, for plaintiffs in error.

Harry L. Greene, of Atlanta, for defendants in error.

Syllabus Opinion by the Court.

JENKINS, Presiding Judge.

1. Under section 59 of the Workmen's Compensation Act (Ga. Laws 1920, p. 198; Michie's Code, § 3154(59), a writ of error to review a judgment of a superior court upon an appeal from the Industrial Commission, now the department of industrial relations, must be brought to this court "within the time and in the manner provided by law for appeals by fast bills of exception" from other orders of the superior court made reviewable by such bills. While section 6153 of the Civil Code (1910), regulating fast bills of exceptions, requires that these bills "shall be tendered and signed within twenty days from the rendition of the decision, " section 0187, embodying a later enacted statute (Ga. L. 1896, p. 45), which in terms repealed all conflicting laws, provides that "no bill of exceptions shall be dismissed upon the ground that the same was not certified by the judge in the time required by law for tendering and signing bills of exceptions; but if it shall appear from the bill of exceptions that the same was tendered to the judge within the time required by law, a mere failure on his part to sign the same within the time prescribed shall be no cause for dismissal, " unless the failure was caused by the plaintiff in error or his counsel. Section 6152, relating to ordinary bills of exceptions, makes no reference to the time within which the presiding judge "shall sign and certify the same, " but fixes the time within which they "shall be tendered" to him. The effect of section 6187 is to render fast as well as ordinary bills of exceptions valid where tendered within the proper time, although not certified and signed until after such time, unless the delay was caused by the plaintiff or his counsel. A recital in the bill of ex-ceptions itself that it was tendered within the time prescribed by statute, with a certificate by the judge that the bill is "true, " will be sufficient, unless such a general recital is contradicted by specific dates shown in the record. See Moore v. Kelly & Jones Co., 109 Ga. 798(1), 35 S. E. 168; Sweat v. Barnhill, 171 Ga. 294, 155 S. E. 18; Wallace v. State, 16 Ga. App. 30, 84 S. E. 4S6; Breedlove v. Liberty Mutual Ins. Co., 46 Ga. App. 465 (1), 168 S. E. 91; Blackshear v. U. S. Fidelity & Guaranty Co., 46 Ga. App. 406, 167 S. E. 704. The certified hill of exceptions in this writ of error...