Henderson v. County Board of Registration & Elections
Henderson v. County Board of Registration & Elections
Opinion of the Court
On April 21, 1972, the Court of Appeals affirmed a judgment adverse to the appellant in the case sub judice. Henderson v. County Board of Registration &c., 126 Ga.
Under Paragraph 2 of Rule 14 of the United States Supreme Court Rules where a notice of appeal has been filed but the case has not been docketed in that court within the prescribed time including any enlargement thereof duly granted, the court possessed of the record may dismiss the appeal upon motion of the appellee and notice to the appellant. Under Paragraph 3 of this same rule, should the court possessed of the record refuse to dismiss such an abandoned appeal, then upon a proper showing the United States Supreme Court will dismiss it.
The notice of appeal having been abandoned, the only order that could be sought would be one of dismissal. Therefore, should this court reverse the judgment of the trial court in this case, the only further step to be taken would be to obtain an order of dismissal from this court, whereupon the same judgment making the judgment of this court the judgment of the trial court would be entered.
"As was said in Benton v. Singleton, 114 Ga. 548, 'In no case will the Supreme Court undertake to pass upon questions presented by a bill of exceptions when an adjudication of them, even though favorable to the
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.