From Casetext: Smarter Legal Research

Blair v. Blair

Supreme Court of Georgia
Sep 2, 1952
72 S.E.2d 288 (Ga. 1952)

Opinion

17948.

SUBMITTED JULY 15, 1952.

DECIDED SEPTEMBER 2, 1952.

Divorce, etc. Before Judge Shaw. Fulton Superior Court. May 16, 1952.

J. T. Sisk, for plaintiff in error.

Hudson LeCraw, contra.


The bill of exceptions recites that the judgment sustaining the demurrer and dismissing the petition was rendered on May 16, 1952. The certificate of the trial judge recites that the bill of exceptions was tendered on June 6, 1952, and it was signed and certified by the trial judge on that date. Held:

1. It must affirmatively appear from the bill of exceptions, or from the record, that the bill of exceptions was presented within the time prescribed by law. Crawford v. Goodwin, 128 Ga. 134 ( 57 S.E. 240).

2. The Rules of Practice and Procedure approved February 1, 1946 (Ga. L. 1946, pp. 726-782), provide in § 6 that "Bills of exceptions shall be tendered to the judge who presided in the cause within 20 days from the date of the decision complained of." Code (Ann. Supp), § 6-902. "When a number of days is prescribed for the exercise of any privilege, or the discharge of any duty, only the first or last day shall be counted; and if the last day shall fall on Sunday, another day shall be allowed in the computation." Code, § 102-102 (8).

3. The judgment complained of was rendered on May 16. Not counting May 16, fifteen days remained in the month of May, and the last day for presenting the bill of exceptions within the time provided by law, therefore, was June 5. This court will take cognizance of the fact that June 5 fell on Thursday, and that an extra day was not added under the law for the presentation of the bill of exceptions. Charleston W. C. Ry. Co. v. Cottonseed Oil Co., 22 Ga. App. 337 ( 96 S.E. 586).

4. The bill of exceptions was not presented to the trial judge within the time prescribed by law, and this court is without jurisdiction to pass upon the writ of error. Rusk v. Hill, 117 Ga. 722 ( 45 S.E. 42); Jackson v. Harris, 165 Ga. 873, 879 ( 142 S.E. 273); Harris v. Plains Mercantile Co., 187 Ga. 337 ( 200 S.E. 241); Pepper v. Flanagan, 204 Ga. 265 ( 49 S.E.2d 525); Curtis v. Sharp, 206 Ga. 193 ( 56 S.E.2d 118); Pugh v. Moore, 207 Ga. 453 ( 62 S.E.2d 153).

Writ of error dismissed. All the Justices concur, except Atkinson, P.J., and Almand, J., not participating.

No. 17948. SUBMITTED JULY 15, 1952 — DECIDED SEPTEMBER 2, 1952.


Summaries of

Blair v. Blair

Supreme Court of Georgia
Sep 2, 1952
72 S.E.2d 288 (Ga. 1952)
Case details for

Blair v. Blair

Case Details

Full title:BLAIR v. BLAIR

Court:Supreme Court of Georgia

Date published: Sep 2, 1952

Citations

72 S.E.2d 288 (Ga. 1952)
72 S.E.2d 288

Citing Cases

Whitmire v. Holly Mountain Farms Co.

Held: Since neither the record nor the bill of exceptions affirmatively shows that the bill of exceptions was…

Townsend v. Balkcom

It appearing on the face of the bill of exceptions that the final order complained of here was rendered on…