Supreme Court of Georgia, 1906

Brand v. City of Lawrenceville

Brand v. City of Lawrenceville
Supreme Court of Georgia · Decided November 16, 1906 · Atkinson
127 Ga. 237; 55 S.E. 967; 1906 Ga. LEXIS 812

Brand v. City of Lawrenceville

Opinion of the Court

Atkinson, J.

Neither under the provisions of-§ 5543 of the Civil Code, nor under any other provision of law in this State, is one who has been a trial judge given any authority to certify, after the judge goes out of' office by resignation or otherwise, a “fast” bill of exceptions. See, in this connection, Grace v. Gordon, 113 Ga. 88. It follows that where a petition for injunction was heard before a judge of the superior court,, who, after refusing the injunction, resigned his office, and, after his. • .resignation had gone into effect, certified to this court a bill of exceptions assigning error upon his ruling refusing the injunction, this court did not acquire jurisdiction, and the writ of error will he dismissed.

Writ of error dismissed.

All the Justices concur.

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