Pierce v. Haygood
| Decision Date | 06 September 1957 |
| Docket Number | Nos. 19755,19776,19773,s. 19755 |
| Court | Georgia Supreme Court |
| Parties | Willie Mae PIERCE v. O. W. HAYGOOD et al. WILLINGHAM FINANCE COMPANY, Inc. v. Willis Mae PIERCE et al. O. W. HAYGOOD v. Willie Mae PIERCE et al. |
On April 29, 1957, the trial judge signed a certificate to the bill of exceptions, to the effect that 'the same is considered as averments of plaintiff's contentions,' but nowhere in the certificate did the judge certify that 'the foregoing bill of exceptions is true.' The bill of exceptions was filed in the office of the clerk of this court on May 22, 1957. On May 24, 1957, one of the defendants in error filed a motion to dismiss the all of exceptions because it 'has not been certified as true by the trial judge.' On June 1, 1957, the trial judge signed a certificate stating 'that the word true was inadvertently omitted by me in making up my certificate.'
C. O. Baker, Gardner & Gaynor, Jay D. Gardner, Athens, for plaintiff in error.
Claud R. Caldwell, O. J. Tolnas, P. J. Smith, Athens, for defendants in error.
Claud R. Caldwell, O. J. Tolnas, Athens, for plaintiff in error.
P. J. Smith, C. O. Baker, Athens, for defendants in error.
P. J. Smith, Athens, for plaintiff in error.
O. J. Tolnas, C. O. Baker, Athens, for defendants in error.
Syllabus Opinion by the Court
1. Where the judge fails to certify that the 'bill of exceptions is true,' this court is without jurisdiction to pass upon the merits of the exceptions. Code, § 6-806, as amended, Ga.L.1946, pp. 726, 732; Cady v. Cady, 161 Ga. 556, 131 S.E. 282; Blackley v. Bell, 187 Ga. 702, 1 S.E.2d 676; Edge v. State, 199 Ga. 431, 34 S.E.2d 498; Beasley v. Georgia Power Co., 207 Ga. 188, 60 S.E.2d 363.
2. There can be no second certificate to a bill of exceptions. Scott v. Central Railroad, 77 Ga. 450; Cordray v. Savannah Union Station Co., 134 Ga. 865, 68 S.E. 697; Langston v. Langston, 141 Ga. 675, 676(4), 82 S.E. 36; Grant v. Southern, bell Telephone & Telegraph Co., 145 Ga. 298, 89 S.E. 364; Cartledge v. Ashford, 148 Ga. 589, 97 S.E. 521; Kniepkamp v. Richards, 192 Ga. 509, 515, 16 S.E.2d 24.
3. Code, § 6-810, providing for the certification of material evidence omitted from the transcript of the record, has no application to the facts of the present case, and this court is without jurisdiction to consider the main bill of exceptions. This ruling terminates the case, and the cross-bills of exceptions are therefore dismissed.
Writs of error dismissed.
All the Justices concur.
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