Shahan v. Myers
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Wright. Walker superior court. September 1, 1906. In a suit begun by attachment, based upon notes promising to pay, in addition to principal and interest, “all costs of collection, including 10 per cent, attorney’s fees,” the court, after overruling the defendant’s motion to dismiss the attachment, and after striking his plea because not filed under oath, rendered judgment against him for the principal, interest, and attorney’s…
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Motion to set aside judgment. Before Judge Wright. Walker superior court. September 1, 1906. In a suit begun by attachment, based upon notes promising to pay, in addition to principal and interest, “all costs of collection, including 10 per cent, attorney’s fees,” the court, after overruling the defendant’s motion to dismiss the attachment, and after striking his plea because not filed under oath, rendered judgment against him for the principal, interest, and attorney’s fees, the judgment stating that “the defendant having appeared and filed a motion to dismiss said attachment, and filed a…
1Opinion of the CourtBeck, J.
1. A judgment valid in other respects will not be set aside as void because it adjudges that the plaintiff recover, in addition to the principal sum and interest, a named amount as attorney’s fees, whether or not the recovery of attorney’s fees was unauthorized under the pleadings in the case. Latimer v. Sweat, 125 Ga. 475 (54 S. E. 673).
2. If so much of the judgment as awards attorney’s fees was unauthorized, proceedings to amend the judgment, or vacate it in part, might lie, whereby that which was good might be preserved and that which was bad might be removed; but where part is good and a…
2Cases cited3 opinions
- Latimer v. SweatSupreme Court of Georgia · 1906
- Butler v. Mutual Aid, Loan & Investment Co.Supreme Court of Georgia · 1894
- Monroe v. Citizens BankCourt of Appeals of Georgia · 1907
3Cited by8 opinions
- Harvard v. DavisSupreme Court of Georgia · 1916
- Vandalsem v. CaldwellCourt of Appeals of Georgia · 1924
- Bean v. StateIdaho Supreme Court · 1938
- Hardin v. DoddSupreme Court of Georgia · 1932
- Henderson v. EllarbeeCourt of Appeals of Georgia · 1926
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