Legal Opinion

Morris Fertilizer Co. v. Smith

Court of Appeals of Georgia

Decided July 6, 1916No. 6963PublishedCited by 2 opinions

Complaint; from municipal court of Atlanta. May 21, 1915.

1Opinion of the Court

Wade, O. J.

1. Waiving tlie question whether a judge of the municipal court of Atlanta (established in lieu of justices’ courts and being similar to such courts, but possessing more extensive jurisdiction and being a court of record) has authority to set aside a judgment rendered by him (Doughty v. Walker, 54 Ga. 595; Mills v. Bell, 136 Ga. 687 (71 S. E. 1120)), it appears from the record that the motion itself failed to disclose that the plaintiff, against whom judgment was originally rendered on a plea of recoupment, had in fact a meritorious defense against the demand of the defendant which…

2Cases cited4 opinions

  1. Georgia Railway & Electric Co. v. HamerCourt of Appeals of Georgia · 1907
  2. Pryor v. American Trust & Banking Co.Court of Appeals of Georgia · 1915
  3. Doughty, Pearson & Co. v. WalkerSupreme Court of Georgia · 1875
  4. Mills v. BellSupreme Court of Georgia · 1911

3Cited by2 opinions

  1. Carolina Tree Service, Inc. v. CartledgeCourt of Appeals of Georgia · 1957
  2. Johnson v. SikesCourt of Appeals of Georgia · 1918

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