Legal Opinion

Maddox Coffee Co. v. McHan

Court of Appeals of Georgia

Decided April 11, 1918No. 9444PublishedCited by 7 opinions

Certiorari; from Fulton superior court—Judge Pendleton. No^, vember 26, 1917.

1Opinion of the CourtWade, C. J.

1. “A motion in arrest of judgment differs from a motion for a new trial, in this: The former must be predicated on some defeet which appears on the face 'of the record or pleadings, while the latter must be predicated on some extrinsic matter- not so appearing. *199It also differs from' a motion to set aside a judgment, in this: The motion in arrest of judgment must be made during the term at which such judgment was obtained, while a motion to set aside may be made at any time within the statute of limitations.” Civil Code (191(f), § 5958. The limitation provided by the statute, as to the time…

2Cases cited4 opinions

  1. Regopoulas v. StateSupreme Court of Georgia · 1902
  2. Pryor v. American Trust & Banking Co.Court of Appeals of Georgia · 1915
  3. Artope v. BarkerSupreme Court of Georgia · 1885
  4. Garfield Oil Mills v. StephensCourt of Appeals of Georgia · 1915

3Cited by7 opinions

  1. American Liberty Insurance v. SandersCourt of Appeals of Georgia · 1969
  2. Daniel v. StateCourt of Appeals of Georgia · 1940
  3. Longshore v. CollierCourt of Appeals of Georgia · 1927
  4. Davisboro Fertilizer Co. v. WyattCourt of Appeals of Georgia · 1920
  5. Hamilton v. HardwickCourt of Appeals of Georgia · 1933

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