Cauley v. Wadley Lumber Co.
Supreme Court of Georgia
Case. Before Levi O’Steen, judge pro hac vice. City court of Douglas. January 22, 1903.
1Opinion of the Court
■Turner, J.
X. While, under the Civil Code, § 5072, a trial judge is vested .with a wide discretion as to opening a judgment of default, on motion made at the trial term of a case, there is no provision of law authorizing him to entertain’and grant a motion to open a default presented at any subsequent term at which the case is called for trial. Thornton v. Coleman, 104 Ga. 625, 627. To move to open a default at the term at which a case regularly stands for trial is purely a. matter of grace ; and this privilege must be exercised, if at all, within the time prescribed by the statute whereby it…
2Cases cited4 opinions
- Lenney v. FinleySupreme Court of Georgia · 1903
- Ingalls v. LamarSupreme Court of Georgia · 1902
- Davis v. South Carolina & Georgia RailroadSupreme Court of Georgia · 1899
- Thornton v. Coleman, Burden & Warthen Co.Supreme Court of Georgia · 1898
3Cited by5 opinions
- Stubbs v. MendelSupreme Court of Georgia · 1919
- Caldwell v. FreemanSupreme Court of Georgia · 1917
- Avery & Co. v. SorrellSupreme Court of Georgia · 1924
- Burson v. LunsfordCourt of Appeals of Georgia · 1936
- Longalife Paint Co. v. WilliamsCourt of Appeals of Georgia · 1917