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Smith v. Cannington

Supreme Court of Georgia
Sep 28, 1964
138 S.E.2d 318 (Ga. 1964)

Opinion

22650.

SUBMITTED SEPTEMBER 16, 1964.

DECIDED SEPTEMBER 28, 1964.

Appellate procedure. Lowndes Superior Court. Before Judge Lilly.

Jim T. Bennett, Jr., for plaintiff in error.

Franklin, Barham, Coleman, Elliott Blackburn, O. W. Franklin, Jr., contra.


1. "[I]t is the duty of this court, with or without motion of a party, to consider the question of its jurisdiction..." Brockett v. Maxwell, 200 Ga. 213 ( 36 S.E.2d 638); Cheek v. White, 204 Ga. 321 ( 49 S.E.2d 819).

2. The judgment assigned as error was rendered on May 21, 1964, and the bill of exceptions was tendered to the trial judge on July 10, 1964. "Bills of exception shall be tendered to any judge authorized by law to certify them within 30 days from the date of the decision complained of." Ga. L. 1957, pp. 224, 244 ( Code Ann. § 6-902). This requirement is jurisdictional, and where the bill of exceptions is tendered more than 30 days after the judgment complained of, this court is without jurisdiction and the writ of error must be dismissed. Butler v. Gibbons, 215 Ga. 454 ( 110 S.E.2d 927); Townsend v. Balkcom, 217 Ga. 755 ( 125 S.E.2d 62).

Writ of error dismissed. All the Justices concur.

SUBMITTED SEPTEMBER 16, 1964 — DECIDED SEPTEMBER 28, 1964.


Summaries of

Smith v. Cannington

Supreme Court of Georgia
Sep 28, 1964
138 S.E.2d 318 (Ga. 1964)
Case details for

Smith v. Cannington

Case Details

Full title:SMITH v. CANNINGTON

Court:Supreme Court of Georgia

Date published: Sep 28, 1964

Citations

138 S.E.2d 318 (Ga. 1964)
138 S.E.2d 318