Barksdale v. Greene
Supreme Court of Georgia
Motion to set aside judgment, in Upson Superior Court. Decision by Judge Cabaniss, at May Term, 1859. This Avas a motion by Terrel Barksdale, administrator of Macharina Bunkley, deceased, to set aside a judgment rendered in the Superior Court of Upson county, against said Barksdale, for counsel fees.
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Motion to set aside judgment, in Upson Superior Court. Decision by Judge Cabaniss, at May Term, 1859. This Avas a motion by Terrel Barksdale, administrator of Macharina Bunkley, deceased, to set aside a judgment rendered in the Superior Court of Upson county, against said Barksdale, for counsel fees. In connection with this motion, was one by the counsel, to enter judgment against Andrew J. White, a debtor of said Terrel, who had been garnisheed— which two motions were heard together. .The judgment against Barksdale, had been obtained about as follows: All the parties litigant and in interest…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
This is a motion to vacate a judgment. First, because ail the parties to the submission had not signed, when the judgment was rendered. Second, because all the parties did not have notice when the hearing would be had. Third, because all the parties were not ready when the hearing was had. All of these grounds are met by a single view. Let it be borne in mind, that Terrel Barksdale was the only party moving to vacate the judgment. He had signed the submission; he had notice, and he made no suggestion of unreadiness, and was present in Court…
2Cited by6 opinions
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- Hightower v. WilliamsSupreme Court of Georgia · 1898
- Alexander v. SlearSupreme Court of Georgia · 1933
- Decoff v. NewmanCourt of Appeals of Georgia · 1949
- Fricks v. Watkins Co.Supreme Court of Georgia · 1954
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