McGuire v. Johnson
Supreme Court of Georgia
Costs. Decided by Judge Lamar, November Term, IS58. McGuire et al., sued William J. Johnson in complaint for land. This case was carried by defendant to the Supreme Court three times and reversed each time; and each time defendant when said case came back, obtained judgment for all the costs which had accrued in both Courts; and the fourth time it was carried up the judgment of the Court below was affirmed, and plaintiffs upon the return of the remittitur entered their…
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Costs. Decided by Judge Lamar, November Term, IS58. McGuire et al., sued William J. Johnson in complaint for land. This case was carried by defendant to the Supreme Court three times and reversed each time; and each time defendant when said case came back, obtained judgment for all the costs which had accrued in both Courts; and the fourth time it was carried up the judgment of the Court below was affirmed, and plaintiffs upon the return of the remittitur entered their judgment for all the costs which had aecrued during the progress of the entire case, up to final judgment. The motion was to…
1Opinion of the Court
*605 By the Court
McDonald, J.
delivering the opinion.
The plaintiffs in error, denied the power of the Court below to hear a motion to review and retax the costs in the case, inasmuch as a judgment had been entered for the same by the Court having competent jurisdiction to award the same, which remained in the Court unreversed, and a fi.fa* had been issued thereon.
[1.] The Court decided that it had the power, and error is assigned on'said decision. We entertain no doubt of the power and jurisdiction of the Superior Court, to hear a motion in Term time, to set aside a judgment entered at a previous…
2Cited by9 opinions
- Hall v. HallSupreme Court of Georgia · 1938
- Hicks v. Atlanta Trust Co.Supreme Court of Georgia · 1938
- Hartley v. HartleySupreme Court of Georgia · 1955
- Barnett v. ThomasCourt of Appeals of Georgia · 1973
- Central of Georgia Railway Co. v. Glascock & WarfieldSupreme Court of Georgia · 1904
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