Woolfolk v. Gunn
Supreme Court of Georgia
Amendment. Practice. Bankruptcy. Tried before Judge Cole. Bibb Superior Court. April Term, 1871. This was a motion by Thomas J. Woolfolk, James H. Woolfolk and John W. Woolfolk, security, to set aside a judgment obtained in said Court, at May Term, 1869, in favor of Daniel F. Gunn, guardian, etc., against them and the fi. fa. issued thereon, on the grounds that said judgment and fi. fa. were not founded on any legal verdict or other legal authority, and also, that said…
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Amendment. Practice. Bankruptcy. Tried before Judge Cole. Bibb Superior Court. April Term, 1871. This was a motion by Thomas J. Woolfolk, James H. Woolfolk and John W. Woolfolk, security, to set aside a judgment obtained in said Court, at May Term, 1869, in favor of Daniel F. Gunn, guardian, etc., against them and the fi. fa. issued thereon, on the grounds that said judgment and fi. fa. were not founded on any legal verdict or other legal authority, and also, that said judgment and fi. fa. were not on the minutes or records of this Court. At the same time and before said motion, a motion was…
1Opinion of the Court
McCay, Judge.
1. The Court where a judgment is rendered is the proper, and, indeed, the only Court where a motion can be made to amend it. The fact that the defendant is a bankrupt, that proceedings are either pending, or have been concluded in the Federal Court, to have him declared a bankrupt does not, as it seems to us, have anything to do with the motion. It may be that the judgment is a lien on certain property, and .may have, for that reason, a preference in the Bankrupt Court, or that it has a lien on property sold by the defendant; or, as in the case here, there may be parties to the…
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