Strickland v. Walker

Full title: STRICKLAND v. WALKER

Court: Court of Appeals of Georgia

Date published: Sep 21, 1965

145 S.E.2d 101 (Ga. Ct. App. 1965)

145 S.E.2d 101

Opinion

41495.

SUBMITTED SEPTEMBER 9, 1965.

DECIDED SEPTEMBER 21, 1965.

Appellate procedure. Heard Superior Court. Before Judge Knight.

L. B. Kent, for plaintiff in error.

Trotter Duncan, Thurman E. Duncan, contra.

NICHOLS, Presiding Judge.

Code Ann. § 6-1001 provides: "Within 15 days from the date of the certificate of the judge, the bill of exceptions shall be filed in the office of the clerk of the court where the case was tried." The bill of exceptions in the present case not being filed in the clerk's office until 19 days after the date of the certification of the trial judge, it follows that the writ of error must be dismissed. Sasser v. City of Buchanan, 98 Ga. App. 707 ( 106 S.E.2d 345); Bower v. Bestwall Gypsum Co., 215 Ga. 593 ( 112 S.E.2d 593), and citations.

Writ of error dismissed. Eberhardt and Pannell, JJ., concur.

SUBMITTED SEPTEMBER 9, 1965 — DECIDED SEPTEMBER 21, 1965.