Perdue v. Bradshaw
Supreme Court of Georgia
Motion, in Marion Superior Court. Decided by the Justices of the Inferior Court, called in to preside on account of the interest of the presiding Judge, at February Term, 1855. A motion was made to enter a judgment nunc pro tune., upon this state of facts. A verdict had been rendered by a Petit Jury and an appeal entered. The motion was made to enter a judgment on the first verdict. The Court refused the motion, under the 66th Common Law rule.
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Motion, in Marion Superior Court. Decided by the Justices of the Inferior Court, called in to preside on account of the interest of the presiding Judge, at February Term, 1855. A motion was made to enter a judgment nunc pro tune., upon this state of facts. A verdict had been rendered by a Petit Jury and an appeal entered. The motion was made to enter a judgment on the first verdict. The Court refused the motion, under the 66th Common Law rule. The validity and effect of that rule is the only question made by this writ of' error. Judge Benning, having been of Counsel, did not preside...
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The Common Law rule is, that all judgments, whether interlocutory or final, shall be entered of record, of the day of the month and year when signed ; and shall not have relation to any other day. Still, the discretion is given to the Court or Judge to order a judgment to be entered núnc pro tunc. Indeed, it is not only competent to do this, but it seems to be almost a matter of course.
By the 66th Common Law rule of practice, adopted by the Judges of the Superior Courts in this State, it is provided that “ in all and every case, when a…
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