DocketNumber: No. 87
Citation Numbers: 18 Ga. 607
Judges: Benning
Filed Date: 8/15/1855
Status: Precedential
Modified Date: 1/12/2023
By the Court.
delivering the opinion.
The Statute authorizing an appeal in this case, does not say within what time it is that the appeal is to be entered!. Its language is, “ with the right of appeal to either party, to be tried by a Special Jury, at the next term thereafter, of the Superior Court,” &c. (Acts of 1851—'2, 192. Acts of 1845, 133.)
This would seem to imply, that if an appeal is in by the • next term, so that it may tried at that term, the appeal will be good.
In The State of Georgia vs. Dean, this Court held an appeal, made in a case similar to this, to be good, which appeal,
Be that as it may, according to the decision in The State vs. Dean, an appeal, at the first term, is good. And the force of this decision is not to be destroyed by an obiter intimation (it is no more) of the Court, that such appeals are to be made within a reasonable time, and that four days after the award is a reasonable time.
We think the decision of the Court below ought to be affirmed.