Du Pre v. Humphries
| Decision Date | 30 August 1922 |
| Docket Number | 3386. |
| Parties | DU PRE v. HUMPHRIES, JUDGE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
"Upon an application for a mandamus to compel the trial judge to certify a bill of exceptions, the merits of the case will not be considered if it be the first bill of exceptions after verdict." But upon an application for mandamus to compel a judge to sign a second bill of exceptions this court will look into the merits of the case, and, having done so in this case, we find the petition for habeas corpus to be without merit, and consequently deny the writ of mandamus requiring the trial judge to sign the bill of exceptions tendered. Rawlins v. Mitchell, 127 Ga. 24, 55 S.E. 958; Landers v. Cobb, 150 Ga. 80, 102 S.E. 428.
Original application by F. B. Du Pre for writ of mandamus directed to John D. Humphries, Judge. Writ denied.
H. A. Allen, Louis H. Foster, W. I. Heyward, and C. L. Pettigrew, all of Atlanta, for plaintiff in error.
Writ of mandamus denied.
All the Justices concur, except HILL and GILBERT, JJ., absent.
To continue reading
Request your trial
-
Wright v. Davis
... ... exceptions assigning error on the refusal of an extraordinary ... motion for a new trial, this court will inquire into the ... grounds of such motion, and will grant a mandamus absolute ... only in case the motion ... [193 S.E. 760] ... appears to be meritorious. DuPre v. Humphries, 153 ... Ga. 884, 113 S.E. 204 ... In the ... instant case, we are of the opinion that the extraordinary ... motion for a new trial and the proffered amendment presented ... a state of facts which, standing without dispute, required as ... a matter of law that a new trial ... ...
-
McLendon v. Anderson, 17247
...that the case is meritorious. Rawlins v. Mitchell, 127 Ga. 24, 55 S.E. 958; Landers v. Cobb, 150 Ga. 80, 102 S.E. 428; DuPre v. Humphries, 153 Ga. 884, 113 S.E. 204. 2. However, where as here the judge certifies a bill of exceptions complaining of the judgment resentencing the accused to be......
-
White v. Hutcheson, 20650.
...for mandamus to compel the judge to sign a second bill of exceptions, the court must look into the merits of the case. DuPre v. Humphries, 153 Ga. 884, 113 S. E. 204; Landers v. Cobb, 150 Ga. 80, 102 S. E. 428. The ground set forth in the motion to vacate the judgment being without merit, a......
-
White v. Hutcheson
...for mandamus to compel the judge to sign a second bill of exceptions, the court must look into the merits of the case. DuPre v. Humphries, 153 Ga. 884, 113 S.E. 204; Landers v. Cobb, 150 Ga. 80, 102 S.E. The ground set forth in the motion to vacate the judgment being without merit, a mandam......