Artope v. Barker
Supreme Court of Georgia
Motion in Arrest of Judgment. Motion to set aside Judgment. Judgments. Pleadings. Before-Judge Simmons. Bibb Superior Court.
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Motion in Arrest of Judgment. Motion to set aside Judgment. Judgments. Pleadings. Before-Judge Simmons. Bibb Superior Court. October Term, 1884. Susan M. Artope et al. filed a motion to set aside a judgment previously rendered in favor of George R. Barker against J. B. Artope, as trustee, on the following grounds: (1.) Because the declaration did not authorize the court to render the judgment, it not alleging that the articles furnished to the trustee were for the use of the trust estate; the terms of the trust not being shown, so as to disclose to the court its scope and purposes and what,…
1Opinion of the Court
Blandeord, Justice.
This was a motion to set aside a judgment rendered against J. B. Artope, as trustee for movants, he not being a party to this motion. The defendant in error, demurred. *465to the motion, which the court sustained, and movants excepted. The motion alleged many facts which, if true, would have defeated the judgment. The motion to set aside a judgment, like a motion in arrest, must be grounded on defects apparent on the face of the record, and these defects must be such as are not amendable. Code, §3587. And it differs from a motion in arrest only in this, that the latter must be…
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