Scarborough v. Merchants & Farmers Bank
Supreme Court of Georgia
Motion to vacate. Before Judge Whipple. Crisp superior court. December 14, 1907. On December 17, 1904, the Merchants & Farmers Bank sued ont a fraudulent debtor’s attachment against It. B. Scarborough, in the superior court of Dooly county, which was levied on certain personal property in the possession of the defendant. Notice was served on the defendant, and a declaration was filed at the first term of the court.
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Motion to vacate. Before Judge Whipple. Crisp superior court. December 14, 1907. On December 17, 1904, the Merchants & Farmers Bank sued ont a fraudulent debtor’s attachment against It. B. Scarborough, in the superior court of Dooly county, which was levied on certain personal property in the possession of the defendant. Notice was served on the defendant, and a declaration was filed at the first term of the court. Npon the organization of Crisp county the attachment proceedings were transferred to the superior court of that county. No traverse of the ground of attachment nor plea was filed,…
1Opinion of the CourtEvans, P. J.
(After stating the facts.)
Much liberality is allowed in the amendment of judgments. The code provides that a judgment may be amended, by order of the court, in conformity to the verdict upon which it is predicated, even after execution issues. Civil Code, §5113. The rule has always been recognized in this State that a judgment may be amended to conform to the verdict and pleadings at a subsequent term. Dennis v. Colley, 112 Ga. 114 (37 S. E. 119). In the case of Alexander v. Troutman, 1 Ga. 469, it was held that if in the entering up of a judgment on a note bearing interest from date, upon a…
2Cases cited6 opinions
- Dixon v. MasonSupreme Court of Georgia · 1882
- Banks v. HuntSupreme Court of Georgia · 1883
- Bell v. BowdoinSupreme Court of Georgia · 1899
- Mahone v. PerkinsonSupreme Court of Georgia · 1866
- Alexander v. TroutmanSupreme Court of Georgia · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bank of Tupelo v. CollierSupreme Court of Georgia · 1941
- Swindell v. SwindellSupreme Court of Georgia · 1952
- Turley v. TurleySupreme Court of Georgia · 1979
- Allen v. Community Loan & Investment Corp.Court of Appeals of Georgia · 1949
- Elliott v. WilksCourt of Appeals of Georgia · 1915
4 more not listed; retrieve them via the Exa API.