Legal Opinion
Hicks v. Atlanta Trust Co.
Supreme Court of Georgia
Decided November 19, 1938No. 12523PublishedCited by 16 opinions
1Opinion of the Court
Jenkins, Justice.
The superior court has the power and jurisdiction to hear a motion to set aside a judgment for costs, entered at a previous term, and to have the costs retaxed, if the judgment was illegal. McGuire v. Johnson, 25 Ga. 604; Markham v. Ross, 73 Ga. 105; Thornton v. McLendon, 99 Ga. 590 (2), 591 (27 S. E. 186). If, on the hearing of such a motion to retax the costs, any costs for which the movant is not liable should be taxed against him, a writ of error will lie to reach and correct that judgment. McDonald v. Dabney, 161 Ga. 711 (13), 716 (132 S. E. 547); Faison v. Lanier, 164…
2Cases cited23 opinions
- McDonald v. DabneySupreme Court of Georgia · 1926
- Fitzpatrick v. McGregorSupreme Court of Georgia · 1909
- Calbeck v. HerringtonSupreme Court of Georgia · 1930
- O'Callaghan v. Bank of EastmanSupreme Court of Georgia · 1935
- Porter v. Davey Tree-Expert Co.Court of Appeals of Georgia · 1925
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Carmichael Tile Co. v. McClellandSupreme Court of Georgia · 1957
- Lassiter v. Bank of DawsonSupreme Court of Georgia · 1940
- Henderson v. County Board of Registration & ElectionsCourt of Appeals of Georgia · 1972
- Candler v. BryanSupreme Court of Georgia · 1940
- Board of Education of Madison County v. FowlerSupreme Court of Georgia · 1941
11 more not listed; retrieve them via the Exa API.