Legal Opinion

Walton v. Jones

Supreme Court of Georgia

Decided July 15, 1874PublishedCited by 6 opinions

Practice in the Superior Court. Judgments. Before Judge James Johnson. Chattahoochee Superior Court. March Term, 1874. This case is sufficiently reported in the above head-note.

1Opinion of the Court

McCay, Judge.

The judgment in this case was not based on the verdict of a jury, but was the act of the judge, and in such cases, according to the settled maxims of the common law, the judgment is, during the term, in the breast of the judge. In Kerr’s Action at Law, page 29, Law Library, 81, this practice is distinctly laid down, and it is referred to the equitable jurisdiction of the court, to-wit: to that supervision of its own proceedings which exists in every court, so to control its action as that its rules and practice shall not be the means of hardship or injustice. Necessary rules of…

2Cited by6 opinions

  1. Martin v. General Motors Corp.Supreme Court of Georgia · 1970
  2. Auld v. SchmelzSupreme Court of Georgia · 1945
  3. Phillips v. PhillipsSupreme Court of Georgia · 1906
  4. Department of Transportation v. KenneySupreme Court of Georgia · 1977
  5. Auld v. SchmelzSupreme Court of Georgia · 1945

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