Garner v. Keaton

Decided July 15, 1853

Supreme Court of Georgia · decided 1853-07-15

Counsel for defendant joined issue, protestando, on the following grounds: 1st. Because the bill of exceptions is uncertain and insufficient, in specifying the points of error and the grounds of error, in this, to wit: that all the errors there complained of, are matters of practice in the discretion of the Circuit Judge, and this Court cannot pass upon the exercise of that discretion, unless the bill of exceptions shall show the ground, or the special cause shown, upon…

Decided 1853-07-15

¶1Per Curiam.

Starnes, J.

¶2delivering the opinion.

¶3[1.] This is an objection of which the defendant can have the benefit at the hearing, upon the merits.

¶4If the uncertainty complained of can be made certain by the record, we will so make it. We prefer not now to pause for an examination of the record; but, if after hearing the case, we find that we cannot ascertain from the record what was the amendment referred to by the bill of exceptions, we must, of course, affirm the judgment.

¶5Let the case proceed.