in re Ross 95 Ga. 569

In re Ross, Judge.

The statute (Code, §4252), allowing, in some instances, sixty days' from the date of the decision complained of within which to tender a bill of exceptions, applies only to decisions made in term time, and has no application to the refusal of a new trial on a motion-made in term and by order of the court set down for determination at chambers during vacation. A bill of exceptions to such refusal must be tendered within thirty days after the decision, where no-legal excuse appears for delay.

October 8,1894.

Application for mandamus nisi.

Freeman & Griswold, for applicant.