Bowen v. Wyeth
Supreme Court of Georgia
Motion to reinstate. Before Judge Reid. City court of Atlanta.- May 22,1903. Bowen sued Wyeth for $600, alleged to be due as salary and commissions for the sale of machines. The petition contained an allegation that said defendant is the general agent of the American Arithmometer Company ” for the South Atlantic States ; and that “ said defendant as general agent of said company employed petitioner to sell said machines” on the terms stated in the petition.
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Motion to reinstate. Before Judge Reid. City court of Atlanta.- May 22,1903. Bowen sued Wyeth for $600, alleged to be due as salary and commissions for the sale of machines. The petition contained an allegation that said defendant is the general agent of the American Arithmometer Company ” for the South Atlantic States ; and that “ said defendant as general agent of said company employed petitioner to sell said machines” on the terms stated in the petition. The defendant demurred generally and specially. The bill of exceptions recites that after argument on the demurrer, the judge stated he…
1Opinion of the CourtFish, P. J.
(after stating the foregoing facts.) Courts have full control over their orders and judgments during the term at which they were rendered, and in the exercise of their legal discretion may revise or vacate the same. But such motions are addressed to the legal discretion of the court, which will not be controlled unless abused. Aiken v. Wolfe, 76 Ga. 816; Holsenback v. Martin, 28 Ga. 73. There is nothing in this case to take it out of the ordinary rule applicable to decisions on demurrer. The plaintiff had the right to except to the judgment sustaining the general demurrer. After it was…
2Cases cited2 opinions
- Aiken v. WolfeSupreme Court of Georgia · 1886
- Holsenback v. MartinSupreme Court of Georgia · 1859
3Cited by40 opinions
- Berrien County Bank v. AlexanderSupreme Court of Georgia · 1922
- Deen v. Baxley State BankSupreme Court of Georgia · 1941
- Van Dyke v. Van DykeSupreme Court of Georgia · 1904
- Buice v. StateSupreme Court of Georgia · 2000
- East Side Lumber & Coal Co. v. BarfieldSupreme Court of Georgia · 1942
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