Austin v. Markham
Supreme Court of Georgia
New Trial. Bankruptcy. Contracts. Before Judge Wright. Fayette Superior Court. April Term, 1871. Markham sued Austin for $.........and interest, averring as follows: He obtained a judgment against Austin. After-wards Austin filed his petition in bankruptcy, and was declared a bankrupt under the Bankrupt Act of 1867. Markham proved this judgment as a debt against Austin’s estate, and when Austin applied for his discharge in bankruptcy, opposed it.
Read the full summary
New Trial. Bankruptcy. Contracts. Before Judge Wright. Fayette Superior Court. April Term, 1871. Markham sued Austin for $.........and interest, averring as follows: He obtained a judgment against Austin. After-wards Austin filed his petition in bankruptcy, and was declared a bankrupt under the Bankrupt Act of 1867. Markham proved this judgment as a debt against Austin’s estate, and when Austin applied for his discharge in bankruptcy, opposed it. In consideration of the premises and of Austin’s promise to pay him the sum now sued for, if Markham would withdraw his opposition to said…
1Opinion of the Court
McCay, Judge.
1. We are inclined to think this motion to reinstate came too late. If the Court erred in dismissing the suit, was it not a simple error of law ? And, if so, why is not the movant barred by his failure to except to the decision, as required by the Code, within thirty days after the adjournment of the Court ? A Court may, at the next term, hear such a motion when the judgment was based upon some mistake of fact or fraud, etc., but even then there ought to be some reason why the motion to reinstate was not made at the term. But if the error be simply an error of law, it would seem…
2Cited by12 opinions
- Miraglia v. BrysonSupreme Court of Georgia · 1922
- Watkins v. BrizendineSupreme Court of Georgia · 1900
- In re LevyCourt of Appeals for the Third Circuit · 1942
- South v. StateCourt of Appeals of Georgia · 1945
- Durden v. DurdenSupreme Court of Georgia · 1940
7 more not listed; retrieve them via the Exa API.