Byrd v. Clark

Supreme Court of Georgia

Decided September 15, 1930

Supreme Court of Georgia · decided 1930-09-15

Relies on Seaboard Air-Line Railway v. Jones

Good law ✅— No negative treatment on recordhow we know

Decided 1930-09-15

How this case has been cited

Cited by 5 later decisions — most recently October 1990

5 state decisions

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.

View the full empirical analysis of this case →

¶1ON MOTION EOR REHEARING.

Hines, J.

¶2The motion for rehearing in this case was received after the judgment of this court had been pronounced and entered upon its minutes, and the remittitur had been issued and transmitted to the trial court and there received. In these circumstances this court lost jurisdiction of the case, and can not make any further order having the effect to alter or change the judgment pronounced. The rule would be different where the remittitur had been transmitted as the result of mistake, irregularity, inadvertence, fraud, or the like. Seaboard Air-Line Ry. v. Jones, 119 Ga. 907 (9) (47 S. E. 320). The motion for rehearing is not entertained, because this court is without jurisdiction to do so.