Georgia Court of Appeals, 1913

Usher v. Harrelson

Georgia Court of Appeals · Decided July 22, 1913 · Russell

13 Ga. App. 118; 78 S.E. 852; 1913 Ga. App. LEXIS 61

Cases that cite this one

3 later published cases cite this decision.

Tingle v. Kelly (Ga. Ct. App. 1954)
Frazier v. Beasley (Ga. Ct. App. 1939)
Hargrett v. Jolley (Ga. Ct. App. 1925)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Russell, J.

1. Where a bill of exceptions is duly and regularly certified according to law, an additional certificate, following the one required by statute, will be ignored and treated as surplusage. Stillwell v. Watkins, 135 Ga. 149 (68 S. E. 1114); Dyson v. Southern Railway Co., 113 Ga. 327 (3), 328 (38 S. E. 749); Woolf v. State, 104 Ga. 536 (3), 537 (30 S. E. 796).

2. In the absence of an order, granted in term, continuing the hearing of a motion to set aside a judgment, the court is without jurisdiction to render a judgment in the premises in vacation. Judgment reversed.

Motion to set aside judgment; from city court of Springfield— Judge Smith. August 6, 1918.

Joseph A. Cronk, Paul E. Seabrook, Stubbs & Chapman, for plaintiffs in error. H. A. Boykin, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.