Legal Opinion

Colclough v. Walker

Court of Appeals of Georgia

Decided November 22, 1916No. 7564, 7565PublishedCited by 6 opinions

Certiorari; from Fulton superior c'ourt—Judge Bell. March 18, 1916. .

1Opinion of the CourtWade, C. J.

1. The judge of the superior court did not err in sustaining the certiorari. Waiving the question as to the authority of a judge of the municipal court of Atlanta to set aside a default judgment in that court after the expiration of the trial term, it appears from the record that the matters urged by the defendant in that court as a sufficient reason for setting aside the judgment against him were matters of defense which could have been presented'by plea in bar of such judgment. It does not appear that there was a sufficient legal excuse for the failure to interpose these defenses. Where…

2Cases cited2 opinions

  1. Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
  2. Athens Leather Manufacturing Co. v. Myers & Co.Supreme Court of Georgia · 1896

3Cited by6 opinions

  1. Henderson v. EllarbeeCourt of Appeals of Georgia · 1926
  2. Mathews v. DeFoorSupreme Court of Georgia · 1931
  3. Johnson v. SikesCourt of Appeals of Georgia · 1918
  4. Rawls v. BowersCourt of Appeals of Georgia · 1934
  5. Smith v. MullinaxCourt of Appeals of Georgia · 1970

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