Drain Tile Machine Inc. v. McCannon

The Civil Court of Fulton County is a court of record. The motion or petition of the plaintiff to vacate the order dismissing this case for want of prosecution was filed within the June term, 1949, the term at which the judgment sought to be set aside was rendered. The judgment sought to be vacated was yet in the breast of the court that rendered it at the time the motion to vacate was presented and filed by the plaintiff. Therefore, under the rule prevailing in this jurisdiction, the court had plenary control over the judgment which was not founded upon any verdict, but was simply an order…