Union Compress Co. v. Leffler & Son
Supreme Court of Georgia
Motion to arrest judgment. Before Judge Hammond. Richmond superior court. November 12, 1904. The attachment affidavit was against W. 0. Jones. The attachment bond was made payable to W. 0. Jones. The writ of attachment was against Jones Brothers. The return of this writ shows that garnishment thereunder was served upon the Union Compress Company. The garnishee failed to answer.
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Motion to arrest judgment. Before Judge Hammond. Richmond superior court. November 12, 1904. The attachment affidavit was against W. 0. Jones. The attachment bond was made payable to W. 0. Jones. The writ of attachment was against Jones Brothers. The return of this writ shows that garnishment thereunder was served upon the Union Compress Company. The garnishee failed to answer. A default judgment thereupon issued against the garnishee for $329.48 principal, $149.42 interest, and costs. At the same, term of the court the Union Compress Company moved in arrest of the judgment rendered against…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) The judgments of every court of record may for good 'cause be opened, vacated, or amended during the term. It may be that the ground of the attack on the judgment is such that tb.e complaining party can obtain relief only in a court of equity. Or, it may be that relief may be had at law and in the court which rendered the original judgment. And while the remedy by motion is limited, by the Civil Code, § 5362, to cases where the defect appears on the face of the record, the court is not deprived of the jurisdiction to grant relief against judgments…
2Cases cited7 opinions
- Regopoulas v. StateSupreme Court of Georgia · 1902
- Dugan v. McGlannSupreme Court of Georgia · 1878
- Riddle v. SheppardSupreme Court of Georgia · 1904
- Parris v. HightowerSupreme Court of Georgia · 1886
- Turner v. JordanSupreme Court of Georgia · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Ford v. ClarkSupreme Court of Georgia · 1907
- Davis v. AlbrittonSupreme Court of Georgia · 1907
- East Side Lumber & Coal Co. v. BarfieldSupreme Court of Georgia · 1942
- Grogan v. DeraneyCourt of Appeals of Georgia · 1928
- Lyons v. StateCourt of Appeals of Georgia · 1909
29 more not listed; retrieve them via the Exa API.