Cannon v. Harrold, Johnson & Co.
Supreme Court of Georgia
Pleadings. Amendment. Practice in the Superior Court. Judgments. Before Judge Crisp. Sumter Superior Court. October Adjourned Term, 1877. After a judgment by default against him, Cannon moved to set it aside on the following ground; “ Because defendant had a good cause of defense which will appear by reference to his plea hereto appended, and marked exhibit A., which he fully intended at said term of said court to set up against said suit, but was prevented from doing so by…
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Pleadings. Amendment. Practice in the Superior Court. Judgments. Before Judge Crisp. Sumter Superior Court. October Adjourned Term, 1877. After a judgment by default against him, Cannon moved to set it aside on the following ground; “ Because defendant had a good cause of defense which will appear by reference to his plea hereto appended, and marked exhibit A., which he fully intended at said term of said court to set up against said suit, but was prevented from doing so by his extreme ill-health at that time, on which account defendant was unable to get to Americus, the place of holding said…
1Opinion of the Court
Warner, Chief Justice.
This was a motion to set aside a judgment rendered by the court in a case in which no issuable defense had been filed by the defendant on oath. The court overruled the motion, and the defendant excepted.
It appears from the certificate of the presiding judge, that after the judgment of the court overruling the defendant’s motion had been announced, giving as a reason therefor that no meritorious defense to the plaintiffs’ demand appeared to exist, the defendant then proposed the pleas contained in the record, and to reduce the same to writing, and make the same a part of…
2Cited by5 opinions
- Brawner v. MaddoxCourt of Appeals of Georgia · 1907
- Ingalls v. LamarSupreme Court of Georgia · 1902
- Howell v. Ware & HarperSupreme Court of Georgia · 1909
- Cannon v. John B. Daniel Inc.Supreme Court of Georgia · 1922
- R. H. Macey & Co. v. ChanceyCourt of Appeals of Georgia · 1967