Hardwick v. Hatfield
Court of Appeals of Georgia
Motion to set aside judgment; from Walker superior court — Judge Wright. April 28, 1923. Application for certiorari was denied by the Supreme Court.
1Opinion of the CourtBboyles, C. J.
1. Where the defendant is served and appears and pleads in the original., suit, and a verdict and judgment are rendered against him, he cannot, under any circumstances, upon a motion to vacate the judgment, urge matters of defense which were put in issue, or which could have been put in issue, in the original suit. Civil Code (1910), §§ 4335, 4336; Powell v. Boring, 44 Ga. 169; Storey v. Weaver, 66 Ga. 296; Glennville Bank v. Deal, 146 Ga. 127 (3) (90 S. E. 958); Echols v. Roberts, 22 Ga. App. 388 (2) (96 S. E. 7).
2. Where an action against several defendants is based upon joint and several…
2Cases cited6 opinions
- Thomas v. ClarksonSupreme Court of Georgia · 1906
- Glennville Bank v. DealSupreme Court of Georgia · 1916
- Storey v. WeaverSupreme Court of Georgia · 1881
- Tedlie v. DillSupreme Court of Georgia · 1847
- Echols v. Roberts & LonginoCourt of Appeals of Georgia · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Colson & Sons v. EllisCourt of Appeals of Georgia · 1930
- Stefanick v. OuelletteCourt of Appeals of Georgia · 1958
- Olshine v. BryantCourt of Appeals of Georgia · 1936