Coston v. Dudley
Supreme Court of Georgia
Practice in the Superior Court. Equity. Decree. Motion. Waiver. Judgments. Before Judge JOHNSON. Washington Superior Court. September Term, 1879. In this case the recollection of the counsel and that of the court seems to differ somewhat, and the statements of the bill of exceptions are materially qualified by the judge’s note appended thereto.
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Practice in the Superior Court. Equity. Decree. Motion. Waiver. Judgments. Before Judge JOHNSON. Washington Superior Court. September Term, 1879. In this case the recollection of the counsel and that of the court seems to differ somewhat, and the statements of the bill of exceptions are materially qualified by the judge’s note appended thereto. As thus qualified, the facts appear to be as follows: Coston filed his bill against Dudley, executor, and Coston, in Washington superior court. At the March term, 1879, an order was passed which recited that no answer had been filed and provided that…
1Opinion of the Court
"Warner, Chief Justice.
This was a motion to set aside a decree in an equity ■cause on the grounds therein stated, which was granted ■by the court on the ground that a-decree pro confesso^ had not been taken in the .cause as required by the 4208th section of the Code, whereupon the complainant excepted.
1. It is insisted here that a decree in equity cannot.be .set aside on motion as was ruled by this court in Brown vs. Bennett, 55 Ga., 189. We adhere to the ruling ■of the court in that case, and if the complainant had *254moved to dismiss defendants’ motion in this case and. the court had overruled…
2Cases cited1 opinion
- Brown v. BennettSupreme Court of Georgia · 1875
3Cited by2 opinions
- Foster v. PhinizySupreme Court of Georgia · 1905
- Avery & Co. v. SorrellSupreme Court of Georgia · 1924