Legal Opinion

Murphy v. Chipley Home Mixture Guano Co.

Court of Appeals of Georgia

Decided March 16, 1917No. 7727PublishedCited by 1 opinion

Complaint; from city court of LaGrange—Judge Harwell. June •15, 1916.

1Opinion of the Court

Bloodworm:, J.

1. “Whether a judgment by default will be set aside or not is a question addressed to the sound discretion of the court below, •and this court will not, as a general rule, interfere, unless such discretion has been grossly abused.” Lambert v. Smith, 57 Ga. 25 (1).

2. The court did not abuse its discretion in refusing to set aside a verdict on the ground-set out in the defendant’s motion as follows: “The defendant had conversation in December, 1915, with Mr. Henry Reeves, attorney for plaintiff, by the terms of which agreement the above proceedings were to be suspended until after…

2Cases cited5 opinions

  1. Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
  2. Penn & Watson v. McGheeCourt of Appeals of Georgia · 1909
  3. Mathews & Co. v. BishopSupreme Court of Georgia · 1899
  4. Lambert v. SmithSupreme Court of Georgia · 1876
  5. Exchange Bank v. ElkanSupreme Court of Georgia · 1883

3Cited by1 opinion

  1. Henderson v. EllarbeeCourt of Appeals of Georgia · 1926

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