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14 Ga. App. 322

Smith v. Watson

Court of Appeals of Georgia

Decided February 4, 1914

Court of Appeals of Georgia · decided 1914-02-04

Good law ✅— No negative treatment on recordhow we know

Decided 1914-02-04

How this case has been cited

Cited by 5 later decisions — most recently April 1964

5 state decisions

10191419201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Roan, J.

¶1Where it appears that the clerk of the trial court has failed to transmit to the Court of Appeals within the time prescribed by law the transcript of the record, and that the plaintiff in error or his attorney has been the cause of the delay, by consent, direction, or procurement of any kind, the writ of error will be dismissed. Wheeler v. Crawford, 135 Ca. 148 (69 S. E. 22); Lang v. Montgomery, 140 (79 690 (79 S. E. 840). The fact that there was only two days delay beyond the statutory period does not prevent the rule above stated from applying. It is as much a violation of the statute to delay sending a transcript for one day as for a longer period.

¶2Writ of error dismissed.

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