Lambert v. Smith
Supreme Court of Georgia
Judgments. Practice in the Supreme Court. Before Judge Clark. City Court of Atlanta. June Term, 1876. The following, taken in connection with the decision, sufficiently reports this case: The bill of exceptions had two entries upon it. The first was “Filed in office June 10, 1876,” and was, without any signature.
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Judgments. Practice in the Supreme Court. Before Judge Clark. City Court of Atlanta. June Term, 1876. The following, taken in connection with the decision, sufficiently reports this case: The bill of exceptions had two entries upon it. The first was “Filed in office June 10, 1876,” and was, without any signature. The second was as follows: “This bill of exceptions this day withdrawn by attorneys of Lambert, and refiled — June 12, 1876. James D. Collins, C. S. C.” Defendant’s counsel moved to dismiss the bill of exceptions on the ground that it lost its character as such fyy the withdrawal,…
1Opinion of the Court
Warner, Chief Justice.
This was a motion to set aside a judgment in the city court of Atlanta. It appears from the record and bill of exceptions that a suit was pending in said city court in favor of Smith against Lambert, the defendant; that in the forenoon of the first day of the trial term of said court, when the case was called on the docket for trial it was in default, and there being no attorney’s name marked on the docket for the defendant, nor plea of any sort to be found in the clerk’s office, the court, after hearing the plaintiff’s evidence, awarded a judgment in favor of the…
2Cited by11 opinions
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- Hall v. HolmanCourt of Appeals of Georgia · 1915
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