McDaniel v. McLendon
Supreme Court of Georgia
Judgments. Practice. Before Judge Boberts. Laurens superior court. January term, 1889. On February 2, 1887, upon the petition of McLendon, guardian, a rule nisi for the foreclosure of a mortgage was issued against Mrs. McDaniel. On the next November 9, and during the trial term, the rule was made absolute, and judgment in the plaintiff’s favor was entered.
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Judgments. Practice. Before Judge Boberts. Laurens superior court. January term, 1889. On February 2, 1887, upon the petition of McLendon, guardian, a rule nisi for the foreclosure of a mortgage was issued against Mrs. McDaniel. On the next November 9, and during the trial term, the rule was made absolute, and judgment in the plaintiff’s favor was entered. On the 16th of the same month, defendant filed a plea to the effect that she gave the mortgage for money lent her husband, which was used and expended by him and in no way for her benefit, etc. On February 2, 1888, she moved to set aside…
1Opinion of the Court
Simmons, Justice.
The facts of this case will be found in the official report. Under those facts, the trial judge did not err in refusing to set aside the judgment of foreclosure. While the docket was not called regularly, the record shows that counsel for the plaintiff in error consented to the manner in which it was called. It also shows that there had been plenty of time before the call of this case for the defendant to have filed her plea. She states that her counsel were in court and had her plea in their possession, waiting for the ease to be called. Why did they not file it ? Why did…
2Cited by1 opinion
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