Stephenson v. Futch
Decision Date | 14 May 1957 |
Docket Number | No. 19658,19658 |
Citation | 213 Ga. 247,98 S.E.2d 374 |
Parties | Willie Woodrow STEPHENSON, Jr. v. J. L. FUTCH, Sheriff, et al. |
Court | Georgia Supreme Court |
Jesse T. Edwards, Valdosta, for plaintiff in error.
H. B. Edwards, Jr., H. B. Edwards, Sr., W. J. Gibbons, Valdosta, for defendant in error.
Syllabus Opinion by the Court.
Willie Woodrow Stephenson, Jr., filed a petition for the writ of habeas corpus in the Superior Court of Lowndes County against J. L. Futch, Sheriff of Lowndes County, and J. B. Edwards, Solicitor-General of the Southern Judicial Circuit, seeking his release from custody under an extradition warrant which sought to return petitioner to Florida to stand trial on a charge of unlawfully withholding support of his minor child, Woodrow Francis Stephenson. He also filed a second petition for habeas corpus against Shirley Belclef Stephenson, in which he sought, among other things, custody of his minor child, Woodrow Francis Stephenson. At the outset of the case, the judge and counsel for all parties entered into a discussion of the matter of hearing these two cases together. The judge stated that there were two causes of action, one on custody and one on the Uniform Extradition Act. A motion to consolidate the cases was made during the discussion, but no ruling was ever made on this motion and no order consolidating these cases was ever entered. Counsel agreed to allow both cases to be heard together for the saving of time. The court then stated: A hearing was then held, in which evidence was introduced upon question involved in both cases. Thereafter, the judge of the court below entered two separate judgments. In the extradition case, the prayer for discharge was denied, and the petitioner was remanded to the custody of the sheriff. In the custody case, the minor child was awarded to the mother, Shirley Belclef Stephenson. During the progress of the trial, certain other orders were entered, which are not material here. The plaintiff in error seeks to review all of these judgments and orders in both cases in a single bill of exceptions to this court. Held:
1. While no motion to dismiss the bill of exceptions has been made in this court, it is the duty of this court to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction. Rowland v. State, 199 Ga. 340, 34 S.E.2d 577; and McDowell v. McDowell, 194 Ga. 88, 20 S.E.2d 602.
2. It is the well settled rule in this State that a mere agreement for several cases to be tried together does not amount to a consolidation of the cases into one case, and that, under such circumstances, the losing party can not, by a single bill of exceptions, bring to this court for review the judgments separately rendered in such cases in the court below. Wells v. Coker Banking Co....
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Rowland v. State
...of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction. [Cits.]" Stephenson v. Futch, 213 Ga. 247(1), 98 S.E.2d 374 (1957). " 'The proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the a......
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Turner v. McGee
...his own procedure or conduct procured or aided in causing.' Bennett v. Bennett, 210 Ga. 721 82 S.E.2d 653. The case of Stephenson v. Futch, 213 Ga. 247, 98 S.E.2d 374, and similar cases, where separate judgments were rendered, have no application to the facts of this The contention of couns......
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...for purposes of trial. Ed. Phillips & Son Co. v. Erickson, 79 N.D. 286, 55 N.W.2d 575, 36 A.L.R.2d 819 (1952); Stephenson v. Futch, 213 Ga. 247, 98 S.E.2d 374 (1957). Although mere technical errors in a notice of appeal, absent a showing of prejudice to the appellee, may not render it ineff......
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...in every matter coming to his court we are required to examine the record to make certain we possess jurisdiction. Stephenson v. Futch, 213 Ga. 247, 248, 98 S.E.2d 374; Lowe v. Payne, 130 Ga.App. 337, 203 S.E.2d 309. This court has no jurisdiction to hear contradictory evidence impeaching t......