Kerr v. Noble

Hall, Presiding Judge.

Plaintiff appeals from the setting aside of his previous judgments by the trial court, after it had been affirmed by this court in Noble v. Kerr, 123 Ga. App. 319 (180 SE2d 601) and the subsequent entry of a new judgment for a lesser amount. This action by the trial court was taken in response to a motion by defendant based on the fact that the first judgment exceeded the jury’s verdict.

1. The court erred in setting aside the first judgment (dated February 10, 1970) and entering a new one (dated March 31, 1971) since a motion to set aside must be predicated upon a…