Thompson v. Kelsey
Court of Appeals of Georgia
Complaint; from city court of Kichmond county — Judge Eve. November 30, 1909.
1Opinion of the CourtHill, C. J.
1. Section 5072 of the Civil Code of 1895, providing for the opening of defaults, should be given a liberal construction, in the promotion of justice and the establishment of the truth; and the discretion of the trial judge in opening a default and permitting the defendant to plead will not be interfered with by a reviewing court, unless manifestly abused to the injury of the plaintiff. Under the facts of this ease the trial judge was fully authorized to open the default and permit the defense to be filed. Bass v. Doughty, 5 Ga. App. 460 (03 S. E. 516); Brawner v. Maddox, 1 Ga. App. 337 (58…
2Cases cited16 opinions
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Brawner v. MaddoxCourt of Appeals of Georgia · 1907
- Central of Georgia Railway Co. v. MoteSupreme Court of Georgia · 1908
- Gray v. McNealSupreme Court of Georgia · 1853
- Crankshaw v. Schweizer Manufacturing Co.Court of Appeals of Georgia · 1907
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3Cited by18 opinions
- Strickland v. GallowayCourt of Appeals of Georgia · 1965
- Strickland v. GallowayCourt of Appeals of Georgia · 1965
- Sherman v. StephensCourt of Appeals of Georgia · 1923
- Haynes v. SmithCourt of Appeals of Georgia · 1959
- Nelson v. Board of Regents of the University System of GeorgiaCourt of Appeals of Georgia · 2010
13 more not listed; retrieve them via the Exa API.