Musgrove v. Musgrove, 22663
| Decision Date | 05 November 1964 |
| Docket Number | No. 22663,22663 |
| Citation | 139 S.E.2d 315,220 Ga. 390 |
| Parties | William Thomas MUSGROVE v. Joan Maddox MUSGROVE. |
| Court | Georgia Supreme Court |
Marvin P. Nodvin, Atlanta, for plaintiff in error.
Charles H. Wills, Atlanta, for defendant in error.
Syllabus Opinion by the Court
The certificate of the trial judge does not amount to a certification that the bill of exceptions is true, but, on the contrary, shows that it is not true. 'A certificate to a bill of exceptions, wherein the judge certifies that it is true, 'except as hereinafter qualified,' and then adds the qualification, after the close of the general certificate, does not amount to a certification that the bill of exceptions as written is true, and the writ of error must be dismissed.' Central of Georgia Ry. Co. v. Mills, 143 Ga. 47, 84 S.E. 120; Hatcher v. Smith & Gordon, 84 Ga. 451, 11 S.E. 1064; Jarriel v. Jarriel, 115 Ga. 23, 41 S.E. 262; Adamson v. Bradley, 147 Ga. 328, 93 S.E. 894; Fischer v. Carpenter, 178 Ga. 224, 172 S.E. 464; Bentley v. Gordon, 188 Ga. 103, 2 S.E.2d 912; Beasley v. Georgia Power Co., 207 Ga. 188, 60 S.E.2d 363; Wofford v. Nance, 217 Ga. 640, 124 S.E.2d 72.
Writ of error dismissed.
All the Justices concur.
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Musgrove v. Musgrove
...Because of the manner in which the bill of exceptions was certified the Supreme Court dismissed the writ of error, Musgrove v. Musgrove, 220 Ga. 390, 139 S.E.2d 315, and the decree became There were several citations for contempt against the husband on account of alleged failures to abide b......