Wright v. Martin
Supreme Court of Georgia
Habeas corpus. Before Judge Nunnally. City court of Floyd ' county. May 24, 1921. On February 7, 1921, A. B. Wright filed his petition for habeas corpus against Mrs. Nettie J. Martin (his former wife who had been divorced), seeking to recover the custody of their minor child, Elizabeth Wright. On February 19, 1921, the defendant filed her answer to the petition for habeas corpus, claiming the legal right to retain the custody of'the child.
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Habeas corpus. Before Judge Nunnally. City court of Floyd ' county. May 24, 1921. On February 7, 1921, A. B. Wright filed his petition for habeas corpus against Mrs. Nettie J. Martin (his former wife who had been divorced), seeking to recover the custody of their minor child, Elizabeth Wright. On February 19, 1921, the defendant filed her answer to the petition for habeas corpus, claiming the legal right to retain the custody of'the child. The hearing of the case was continued until Monday, March 7, 1921, which date was agreed upon to hear the same. At that time neither the defendant nor the…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) This case does not fall within that class in which it has been held that a motion to set aside a judgment must be based on some defect which appears on the face of the record (see Regopoulas v. State, 116 Ga. 596, 42 S. E. 1014), but it falls within the class of decisions to the effect that the judgment of a court of competent jurisdiction may be set aside by the court which rendered it, for fraud practiced on the defendant and the court. Hnder the act establishing the city court of Eloyd county, that court has authority to grant new trials in all cases,…
2Cases cited6 opinions
- Ford v. ClarkSupreme Court of Georgia · 1907
- Regopoulas v. StateSupreme Court of Georgia · 1902
- Moore v. Moore & CochranSupreme Court of Georgia · 1913
- Seagraves v. Powell Co.Supreme Court of Georgia · 1915
- Albright v. American Central InsuranceSupreme Court of Georgia · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Simpson v. BradleySupreme Court of Georgia · 1939
- Lucas v. LucasSupreme Court of Georgia · 1934
- Plunkett Warden v. NealSupreme Court of Georgia · 1947
- Ketchem v. KetchemSupreme Court of Georgia · 1940
- Wallace v. WallaceSupreme Court of Georgia · 1957
4 more not listed; retrieve them via the Exa API.