Gresham v. Turner

• Court: Georgia Supreme Court
• Writing for the Court: Per Curiam.
• Citation: Gresham v. Turner, 88 Ga. 160, 13 S. E. 946 (Ga. 1891)
• Decision Date: 07 December 1891
• Parties: Gresham v. Turner.

13 S.E. 946

88 Ga. 160

Gresham v. Turner.

Supreme Court of Georgia

December 7, 1891

Syllabus by the Court.

1. Where neither the certificate of the judge nor that of the clerk is such as is prescribed by the act of November, 1889 for bringing cases to this court, and where some of the record which the judge certifies to be necessary does not appear in the transcript sent up by the clerk, the writ of error will be dismissed.

2. The act prescribes the terms of the certificate which the judge is required to sign, and directs that, if needful, he shall change the bill of exceptions so as to make it conform to the truth and contain all the evidence, and refer to all the record, necessary to a clear understanding of the errors complained of. The needful changes are to be made in the bill of exceptions, but no change in the certificate is allowable.

Error from superior court, Douglas county; R. H. Clark, Judge.

Action by Samuel Turner against A. S. Gresham. From a judgment for plaintiff, defendant brings error. Dismissed.

The following is the official report:

The bill of exceptions in this case makes certain assignments of error based upon the overruling of a motion for new trial and sets forth that certain portions of the evidence were material to a clear understanding of the errors complained of, and that it was contained in exhibits to the bill of exceptions, with the exception of part of a certain bill in equity. The judge's certificate to the bill of exceptions states that the bill of exceptions is true, and specifies all of the evidence, and specifies all of the record...