BUTTS COUNTY v. PITTS

19982.

214 Ga. 12 (1958)

102 S.E.2d 480

BUTTS COUNTY v. PITTS et al.

Supreme Court of Georgia.

Decided March 7, 1958.


Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, Paul Miller, E. J. Summerour, Assistant Attorneys-General, W. M. Redman, for plaintiff in error.

Ernest M. Smith, Albert D. Fears, Ray M. Tucker, contra.


HEAD, Justice.

In the present case the Court of Appeals, on its own motion, with Felton, C.J., and Townsend, J., dissenting, dismissed the writ of error because the clerk of the trial court failed to mark the bill of exceptions "filed" in his office. The motions for rehearing filed by the plaintiff in error in that court were denied. The application for certiorari to this court was granted.

The decisions cited and relied upon by the Court of Appeals for the...

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