Walker v. Equitable Mortg. Co.

• Decision Date: 23 November 1896
• Citation: 26 S.E. 75,100 Ga. 84
• Parties: WALKER et al. v. EQUITABLE MORTG. CO.
• Court: Georgia Supreme Court

26 S.E. 75

100 Ga. 84

WALKER et al. v. EQUITABLE MORTG. CO.

Supreme Court of Georgia

November 23, 1896

Syllabus by the Court.

1. Where a bill of exceptions, presented to the trial judge within the time prescribed by law, was not certified until after the expiration of such time, and the only reason for the delay in certifying was that, "on account of much pressing official business," the judge did not have time "to examine, correct, and certify" the bill of exceptions, the writ of error must be dismissed. As a bill of exceptions must be certified within a specified time, attention to it by the judge should have precedence over other matters, which can be postponed.

2. Sections 4255 and 4257 of the Code distinctly provide under what circumstances certifying a bill of exceptions after the expiration of the legal time will be valid. The phrase in the former section, "if the judge is absent from home, or by other casualty fails to certify the bill of exceptions within the time specified," does not apply to a case of delay in signing caused by pressure of official work, and there is nothing in the present case rendering the latter section applicable, it not appearing that the bill of exceptions was returned to counsel for correction, and afterwards certified by the judge.

Error from superior court, Schley county; W. H. Fish, Judge.

Action between the Equitable Mortgage Company and Walker and others. From the judgment, Walker and others bring error. Dismissed.

J. H. Lumpkin and Eldridge Cutts, for plaintiffs in error.

C. A. Taylor, E. A. Hawkins, and Payne & Tye, for defendant in error.

PER CURIAM.

Writ of error dismissed.