Roberts v. Kuhrt
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Reid. City court of Atlanta. May 16, 1903. A rule of the city court of Atlanta, governing the call of cases from the absence docket, provides that where a case has been passed to the absence of counsel, either party shall always have the right to call said case from the absence docket at any time after the expiration of the leave of absence, without notice, by furnishing to the clerk of said court a memorandum giving the style,…
Read the full summary
Motion to set aside judgment. Before Judge Reid. City court of Atlanta. May 16, 1903. A rule of the city court of Atlanta, governing the call of cases from the absence docket, provides that where a case has been passed to the absence of counsel, either party shall always have the right to call said case from the absence docket at any time after the expiration of the leave of absence, without notice, by furnishing to the clerk of said court a memorandum giving the style, number, and term of the case, one day before the bar meeting ; and the judge calls the case from the memorandum* so…
1Opinion of the CourtFish, P. J.
1. Generally speaking, the construction placed upon its own rules by a court of original jurisdiction is conclusive ; and only in cases where it is clear that the construction given is wrong, and that injustice has been, done, will the discretion of the judge of such a court construing its rules be interfered with by a reviewing court. 8 Am. & Eng. Ene. L. (2d ed.) 31, and cases cited.
2. It appears that a meritorious defense was filed to the action brought by the plaintiff. The case by agreement went to the “ absence docket.” Under the construction given by the judge to the rule of court by…
2Cases cited1 opinion
- Lambert v. SmithSupreme Court of Georgia · 1876
3Cited by10 opinions
- Perry v. Maryland Casualty Co.Court of Appeals of Georgia · 1960
- Wilson v. BarrowCourt of Appeals of Georgia · 1963
- Frost v. PenningtonCourt of Appeals of Georgia · 1909
- King v. SkinnerCourt of Appeals of Georgia · 1960
- Safe-Way Finance Company v. Standard Bag CompanyCourt of Appeals of Georgia · 1962
5 more not listed; retrieve them via the Exa API.