Supreme Court of Georgia, 1968

Hardy v. DG Machinery & Gage Company

Supreme Court of Georgia · Decided November 21, 1968 · Undercofler

165 S.E.2d 127; 224 Ga. 818; 1968 Ga. LEXIS 965 (South Eastern Reporter, Second Series)

Cases that cite this one

20 later published cases cite this decision.

Southeastern Plumbing Supply Co. v. Lee (Ga. 1974)
Calloway v. State (Ga. Ct. App. 1969)
Fleming v. Phoenix of Hartford Insurance (Ga. Ct. App. 1974)
Smith v. Smith (Ga. Ct. App. 1973)
Buffalo Holding Co. v. Shores (Ga. Ct. App. 1971)
Continental Investment Corp. v. Cherry (Ga. Ct. App. 1971)
DG Machinery & Gage Company v. Hardy (Ga. Ct. App. 1969)
Williford v. General Insurance Co. of America (Ga. Ct. App. 1969)
Stephens v. McClain (Ga. Ct. App. 1973)
Gilmore v. State (Ga. Ct. App. 1972)
Eunice v. Lanier (Ga. Ct. App. 1971)
Baxter v. Long (Ga. Ct. App. 1970)
Fowler v. State (Ga. 1970)
Stevens v. Clayton County (Ga. 1970)
Richardson v. Nu-Way Cleaners & Laundry (Ga. Ct. App. 1970)
Mayor of Athens v. Epps (Ga. Ct. App. 1970)
Meltzer v. C. Buck LeCraw & Co. (Ga. 1969)
Gresham v. State (Ga. Ct. App. 1969)
Williams v. State (Ga. Ct. App. 1969)
MARTIN THEATRES OF GEORGIA, INC. v. Lloyd (Ga. Ct. App. 1968)

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

Undercofler, Justice.

The writ of certiorari was granted in this case to review the ruling of the Court of Appeals which *819 held that the motion to dismiss the appeal in that court on the ground that the transcript was not filed within thirty days of the filing of the notice of appeal as required by Code Ann. § 6-806 (Ga. L. 1965, pp. 18, 26) or within any extension of time obtained under Code Ann. § 6-804 (Ga. L. 1965, pp. 18, 21) was without merit in view of the 1968 addition of Paragraph (d) to Section 13 of the Appellate Practice Act of 1965 (Ga. L. 1968, pp. 1072, 1073, Sec. 2; Code Ann. § 6-809 (d)). D. G. Machinery & Gage Co. v. Hardy, 118 Ga. App. 45 (1) (162 SE2d 852).

Argued November 13, 1968 Decided November 21, 1968 Rehearing denied December 5, 1968. Nall, Miller, Cadenhead & Dennis, Robert E. Corry, Jr., for appellants. Fine & Block, Sturgis S. Bates, III, William A. Edwards, Jr., for appellee.

Under the ruling of this court in Fahrig v. Garrett, 224 Ga. 817, the motion to dismiss the appeal should have been granted.

Judgment reversed.

All the Justices concur.

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