Wright v. Savannah Transit Authority, 41020

• Decision Date: 25 November 1964
• Docket Number: No. 41020,No. 3,41020,3
• Citation: 110 Ga.App. 710,140 S.E.2d 149
• Parties: Lenora G. WRIGHT v. SAVANNAH TRANSIT AUTHORITY
• Court: Georgia Court of Appeals

Page 149

140 S.E.2d 149

110 Ga.App. 710

Lenora G. WRIGHT v. SAVANNAH TRANSIT AUTHORITY.

No. 41020.

Court of Appeals of Georgia, Division No. 3.

Nov. 25, 1964.

On the thirtieth day after an order entering a summary judgment for defendant, plaintiff's counsel went to the office of the trial judge with the bill of exceptions for the purpose of tendering it. He was informed that the judge was out of the city but within the county. Counsel called the judge's home and was informed the same thing. The bill of exceptions was then tendered to the deputy clerk. Six days later the trial judge certified the bill of exceptions. Defendant moved to revoke or vacate the certification because the bill of exceptions had not been tendered within the time required by law and consequently the court was without power or jurisdiction to certify it. This motion was granted and plaintiff excepts.

Sullivan, Herndon & Smith, Richard H. Herndon, Savannah, for plaintiff in error.

Bouhan, Lawrence, Williams & Levy, Frank W. Seiler, Walter C. Hartridge, II, Savannah, for defendant in error.

Syllabus Opinion by the Court

EBERHARDT, Judge.

Where the trial judge is within the jurisdiction, the only tender of a bill of exceptions that will suffice is one made to him. Code Ann. § 6-902. State Highway Dept. v. Swain, 108 Ga.App. 708, 134 S.E.2d 506. Hence, a certification is void if made more than thirty days after the judgment complained of where the only tender within thirty days was to the deputy clerk. Whether or not the trial judge had the power to revoke or vacate a certification, a reversal of the order revoking and vacating could not, under these circumstances, benefit the plaintiff in error. Arnold v. Arnold, 180 Ga. 560, 179 S.E. 715 and citations. Accordingly the writ of error is

Dismissed.

BELL, P. J., and JORDAN, J., concur.