Henderson v. Hill
Supreme Court of Georgia
Claim. Judgment. Before Judge Lester. PauldingSuperior Court. August.Adjourned Term, 1878. Plenderson, a purchaser of property from Roberts, against whom Hill held a judgment, moved to set aside the same upon the following grounds: 1. Because there was no verdict of a jury upon which to enter up any legal judgment for the plaintiff, a plea having been regularly filed at the March term, 1868, the appearance term. 2. Because there was no judgment rendered by the court as…
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Claim. Judgment. Before Judge Lester. PauldingSuperior Court. August.Adjourned Term, 1878. Plenderson, a purchaser of property from Roberts, against whom Hill held a judgment, moved to set aside the same upon the following grounds: 1. Because there was no verdict of a jury upon which to enter up any legal judgment for the plaintiff, a plea having been regularly filed at the March term, 1868, the appearance term. 2. Because there was no judgment rendered by the court as required by the constitution and laws of Georgia. He also moved to set aside the verdict and judgment finding the property…
1Opinion of the Court
Bleckley, Justice.
The claim case was finally disposed of by a judgment of affirmance in this court. The case is reported in 59 Ga., 595. To say nothing of the other obstacles to the success of the motion afterwards made to set aside the judgment in favor of Hill against Roberts, the motion came altogether too late; for Henderson, the movant, had litigated with Hill through the claim case, and that very judgment was at the bottom of the levy which that ease involved. "Whatever cause against its validity could now be shown, ought to have been shown then. 63 Ga., 224.
The motion made to set aside…
2Cases cited2 opinions
- Pollard v. KingSupreme Court of Georgia · 1879
- Henderson v. HillSupreme Court of Georgia · 1877
3Cited by1 opinion
- Hollinshead v. WoodardSupreme Court of Georgia · 1907