Legal Opinion
Miraglia v. Bryson
Supreme Court of Georgia
Decided February 22, 1922No. 2505PublishedCited by 44 opinions
Action for specific performance. Before Judge Mathews. Bibb
1Opinion of the CourtHines, J.
1. The assignment of error in the bill of exceptions being sufficient, the motion to dismiss the same is overruled.
2. The general principle obtains that a court cannot set aside or alter its final judgment after the expiration of the term at which it wa3 entered, unless the proceeding for that purpose was begun during the term. U. S. v. Mayer, 235 U. S. 55, 67 (35 Sup. Ct. 16, 59 L. ed. 129); Alley v. Halcombe, 96 Ga. 810 (22 S. E. 901).
3. There are exceptions to the above rule:(a) A party can malee a motion to reinstate a case, after the expiration of the term at which the order of dismissal…
2Cases cited4 opinions
- Watkins v. BrizendineSupreme Court of Georgia · 1900
- Austin v. MarkhamSupreme Court of Georgia · 1871
- Armstrong v. NixonTexas Supreme Court · 1856
- Alley v. HalcombeSupreme Court of Georgia · 1895
3Cited by44 opinions
- Kaiser v. StateCourt of Appeals of Georgia · 2007
- Peoples Loan Company v. AllenSupreme Court of Georgia · 1945
- Peoples Loan Co. v. AllenSupreme Court of Georgia · 1945
- Fowler v. GrimesSupreme Court of Georgia · 1944
- Grogan v. DeraneyCourt of Appeals of Georgia · 1928
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