Apperson v. Mutual Fertilizer Co.
Supreme Court of Georgia
Equitable petition. Before Judge Meldrim. Chatham superior court. November 26, 1917. S. M- Apperson and A. H. Henderson filed an equitable petition against the Mutual Fertilizer Company. Briefly stated, the material facts disclosed by the petition are as follows: The fertilizer company sued Apperson in the city court of Ashburn, and garnished Henderson.
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Equitable petition. Before Judge Meldrim. Chatham superior court. November 26, 1917. S. M- Apperson and A. H. Henderson filed an equitable petition against the Mutual Fertilizer Company. Briefly stated, the material facts disclosed by the petition are as follows: The fertilizer company sued Apperson in the city court of Ashburn, and garnished Henderson. Judgment by default for $906.84 was rendered against Apperson at the first or appearance term of the case; and the garnishee having failed to answer, a judgment was rendered against him at a subsequent term of the court. Henderson was not…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) The plaintiffs treat their petition as a bill of review. A technical bill of review does not lie in this State, but a bill in the nature of a bill of review does lie. Brower v. Cothran, 75 Ga. 9 (2 a). A bill in the nature of a bill of review lies only to review a decree of a court of equity, and not a judgment at law. Donaldson v. Roberts, 109 Ga. 832 (35 S. E. 277). Where such a bill is proper, it must affirmatively appear that the petitioner could not, by due diligence, obtain the just and needed relief by motion. Central Georgia Bank v. Iverson, 73 Ga.…
2Cases cited11 opinions
- Harrell v. Davis Wagon Co.Supreme Court of Georgia · 1913
- Gardner v. RhodesSupreme Court of Georgia · 1902
- Sanner v. SayneSupreme Court of Georgia · 1887
- Donaldson v. RobertsSupreme Court of Georgia · 1900
- Mutual Fertilizer Co. v. HendersonCourt of Appeals of Georgia · 1916
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3Cited by3 opinions
- Martocello v. MartocelloSupreme Court of Georgia · 1944
- Shedden v. National Florence Crittenton MissionSupreme Court of Georgia · 1940
- Calhoun v. Babcock Bros. Lumber Co.Supreme Court of Georgia · 1945