Phillips v. Taylor, 20064

• Decision Date: 04 June 1958
• Docket Number: No. 20064,20064
• Citation: 104 S.E.2d 96,214 Ga. 221
• Parties: D. B. PHILLIPS, Administrator, v. Eugene S. TAYLOR et al.
• Court: Georgia Supreme Court

Page 96

104 S.E.2d 96

214 Ga. 221

D. B. PHILLIPS, Administrator, v. Eugene S. TAYLOR et al.

No. 20064.

Supreme Court of Georgia.

June 4, 1958.

H. E. Edwards, Atlanta, for plaintiff in error.

Thomas M. Stubbs, Jr., Atlanta, for defendants in error.

Syllabus Opinion by the Court.

WYATT, Presiding Justice.

The judgment here complained of was rendered on January 7, 1958. The bill of exceptions was tendered on January 27, 1958, and was on that date returned to the plaintiff in error for correction. The corrected bill of exceptions was again tendered on February 27, 1958. If, under Code (Ann.Supp.) § 6-909, a judge returns a bill of exceptions to a party for correction, such party has a reasonable time in which to perfect the bill of exceptions and retender same for certification, unless there is a delay occasioned by providential cause or imperative necessity, in which case such cause of delay shall be included in the certificate of the trial judge. Parkman v. Dent, 109 Ga. 289, 34 S.E. 559; Meador v. Callicott, 129 Ga. 631, 60 S.E. 863; Salyard v. Salyard, 207 Ga. 619, 63 S.E.2d 398, and the many cases cited therein. As to what will be considered an unreasonable delay, various periods have been held to be unreasonable. See Kent v. Geiger, 138 Ga. 248, 75 S.E. 104-34 days; Whitley v. Kelley, 136 Ga. 835, 72 S.E. 346-21 days; Atkins v. Winter, 121 Ga. 75, 48 S.E. 717-38 days, and the many cases cited therein where the period is either greater or less than that appearing in these cases. However, in Allison & Davis v. Jowers, 94 Ga. 335, 21 S.E. 570, 571, it was said: '* * * if the judge is unwilling to sign the bill of exceptions as tendered to him, he may, in case he does not see fit to make the needful corrections, return the same, within 10 days, with his objections in writing. The section is silent as to the length of time the party to whom it is returned, or his attorney, will be allowed to remove the judge's objection, and tender a corrected bill of exceptions, but he certainly should not be allowed for this purpose (in the absence of some good reason for dalay) longer than 30 days.' In Atkins v. Winter, 121 Ga. 75, 48 S.E. 717, it was said: 'Since, in the nature of the case, it ought to require less time to correct than in the first instance to prepare an entire bill of exceptions, it is both liberal and reasonable by analogy to fix 20 days for the correction and return of the bill of exceptions, the same being a period deemed sufficient by law for the preparation of bills of exceptions in injunction cases, which are among the most voluminous provided for by statute.' It...