Legal Opinion

Montgomery v. Bowen

Court of Appeals of Georgia

Decided July 5, 1917No. 8489PublishedCited by 3 opinions

Foreclosure of lien; from Fulton superior court—Judge Bell. January 27, 1917.

1Opinion of the CourtBroyles, P. J.

1. A motion to vacate and set aside a verdict and judgment, made at the term of the court at which' they were rendered, is addressed to the sound legal discretion of the court; and that discretion, unless manifestly abused, will not be controlled. Lambert v. Smith, 57 Ga. 25; Moore v. Kelly & Jones Co., 109 Ga. 798 (35 S. E. 168).

2. There was an acute conflict in the evidence, submitted in the form of affidavits, as to whether the movant and his counsel had been guilty of such laches as would prevent the setting aside of the verdict and judgment. -Upon these questions of fact involved the…

2Cases cited2 opinions

  1. Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
  2. Lambert v. SmithSupreme Court of Georgia · 1876

3Cited by3 opinions

  1. Methodist Episcopal Church, South Inc. v. DecellCourt of Appeals of Georgia · 1939
  2. Golightly v. LineCourt of Appeals of Georgia · 1924
  3. Taylor v. KeownCourt of Appeals of Georgia · 1927

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