Newton v. Burtz

Decision Date31 January 1872
Citation44 Ga. 599
PartiesJ. N. NEWTON, plaintiff in error. v. JESSE BURTZ, defendant in error.
CourtGeorgia Supreme Court

Complaint from Mitchell County.

The bill of exceptions recited that the cause was tried in May, 1871, and that the Judge committed certain errors. The Judge signed it on the 21st of July, 1871, saying he had retained it for ten days. It nowhere appeared when the Court adjourned. Upon motion of defendant\'s counsel, the writ of error was dismissed, because it did not appear that the bill of exceptions was signed and certified within thirty days from the close of said Court

J. J. Bradford, by Clark & Goss, for plaintiff in error.

C. O. Davis; L. E. Bleckly, by the Reporter, for defendant, cited: 6 Ga R., 481, 491, 578.

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8 cases
  • Parrish v. Central of Georgia Ry. Co.
    • United States
    • Georgia Court of Appeals
    • November 15, 1926
    ...to. Thus it appears that both limitations as to time of presentation were complied with. This case is to be distinguished from Newton v. Burtz, 44 Ga. 599; Walters v. Morgan, 46 Ga. 568; Bush Keaton, 65 Ga. 297 (2). In none of these cases was there a recital in the bill of exceptions that i......
  • Parrish v. Cent. Of Ga. Ry. Co
    • United States
    • Georgia Court of Appeals
    • November 15, 1926
    ...to. Thus it appears that both limitations as to time of presentation were complied with. This case is to be distinguished from Newton v. Burtz, 44 Ga. 599; Walters v. Morgan, 46 Ga. 568; Bush v. Keaton, 65 Ga. 297 (2). In none of these cases was there a recital in the bill of exceptions tha......
  • Coker v. Life A. Cas. Ins. Co. Of Tenn., 10522.
    • United States
    • Georgia Supreme Court
    • April 10, 1935
    ...38 S. E. 304, citing Cloudis v. Bank of Tennessee, 6 Ga. 481; Russell v. March, 6 Ga. 491; Justices v. Barrington, 6 Ga. 578, 579; Newton v. Burtz, 44 Ga. 599; Dismuke v. Trammell, 64 Ga. 428, 429; Gregory v. Daniel, 93 Ga. 795, 20 S. E. 656; Evans v. State, 112 Ga. 763, 38 S. E. 78; and if......
  • Coker v. Life & Cas. Ins. Co. of Tennessee
    • United States
    • Georgia Supreme Court
    • April 10, 1935
    ...38 S.E. 304, citing Cloudis v. Bank of Tennessee, 6 Ga. 481; Russell v. March, 6 Ga. 491; Justices v. Barrington, 6 Ga. 578, 579; Newton v. Burtz, 44 Ga. 599; Dismuke v. Trammell, 64 Ga. 428, 429; Gregory Daniel, 93 Ga. 795, 20 S.E. 656; Evans v. State, 112 Ga. 763, 38 S.E. 78; and if after......
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