Kessler v. Godley
Kessler v. Godley
Opinion of the Court
Mrs. Carrie Walton Godley individually and as guardian of her minor children, together with the other heirs of Nathan Godley, deceased, brought suit against E. B. Hinely. Hinely filed his answer, and also vouched Washington Kessler and Perry Kessler into court to defend their title to, certain lands, the timber upon which he alleged they had sold to him. The vouchees also filed their answer. The case was tried on October 18, 1926, and under the evidence submitted and the charge of the court the jury returned a verdict in favor of the defendant. A motion for a new trial was overruled. To that judgment the movants excepted, and the case was brought by writ of error to this court, and the judgment was reversed. The case came on for a second trial; and after the introduction of evidence the trial judge, on April 22, 1930, directed a verdict for the plaintiffs, leaving to be determined
The defendants in error filed a-motion to dismiss the writ of error, on the ground that the bill of exceptions was “not tendered to the trial judge within the time prescribed by law, the judgment and decree complained of having been entered on April 24, 1930, and the interlocutory motion filed by the defendants in the lower court having been overruled on June 14, 1930, and the bill of exceptions having been tendered and certified on August 29, 1930,” more than sixty days after the date of the judgment rendered on April 24, 1930, and more than sixty days also from the date of the judgment overruling the motion to vacate, set aside, modify, and amend the decree of June 14, 1930. The recitals of fact contained in this motion being true, the bill of exceptions was not tendered within the time prescribed by the statute; and consequently the writ of error must be dismissed. Civil Code, § 6152; Mertins v. Pritchard, 135 Ga. 643 (70 S. E. 328); Reed v. Warnock, 146 Ga. 483 (91 S. E. 545); Pickens Co. v. Craven, 27 Ga. App. 100 (107 S. E. 358); Veal v. State, 28 Ga. App. 701 (112 S. E. 911). Writ of error dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.