Legal Opinion

Cauley v. Wadley Lumber Co.

Supreme Court of Georgia

Decided March 4, 1904PublishedCited by 5 opinions

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

  1. Lenney v. FinleySupreme Court of Georgia · 1903
  2. Ingalls v. LamarSupreme Court of Georgia · 1902
  3. Davis v. South Carolina & Georgia RailroadSupreme Court of Georgia · 1899
  4. Thornton v. Coleman, Burden & Warthen Co.Supreme Court of Georgia · 1898

3Cited by5 opinions

  1. Stubbs v. MendelSupreme Court of Georgia · 1919
  2. Caldwell v. FreemanSupreme Court of Georgia · 1917
  3. Avery & Co. v. SorrellSupreme Court of Georgia · 1924
  4. Burson v. LunsfordCourt of Appeals of Georgia · 1936
  5. Longalife Paint Co. v. WilliamsCourt of Appeals of Georgia · 1917

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API