Phillips & Co. v. Collier
Supreme Court of Georgia
Judgment. Practice. Attorney and client. Before Judge Van Epps. City court of Atlanta. September term, 1890. The plaintiffs in error moved to set aside a judgment which had been rendered against them by default in a suit upon an account, which was personally served. It appears that upon being served, they employed counsel who entered his name on the bar-docket of the court at the appearance term, and they relied upon him to notify them when to appear.
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Judgment. Practice. Attorney and client. Before Judge Van Epps. City court of Atlanta. September term, 1890. The plaintiffs in error moved to set aside a judgment which had been rendered against them by default in a suit upon an account, which was personally served. It appears that upon being served, they employed counsel who entered his name on the bar-docket of the court at the appearance term, and they relied upon him to notify them when to appear. At the trial term the docket was called, and the case was placed on the tidal calendar. When it was sounded for trial, neither of the movants…
1Opinion of the Court
Simmons, Justice.
Under the facts in this case the court did not err in refusing to set aside the judgment. There was no defect apparent on the face of the record or pleadings; nor is it alleged that there was any defect therein. We *68do not think the reasons assigned in the motion to set aside the judgment were sufficient to authorize the trial judge to grant the motion. While it is true that counsel for the movants had marked his name on the docket, yet when the case was called for trial, neither he nor they appeared to defend the same. The suit being on an open account and there being…
2Cases cited2 opinions
- Phillips v. TaberSupreme Court of Georgia · 1889
- Stephens v. Gate City Gas-Light Co.Supreme Court of Georgia · 1888
3Cited by11 opinions
- Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
- Williams v. LinnCourt of Appeals of Georgia · 1963
- Grooms v. Olliff & Co.Supreme Court of Georgia · 1894
- Bowman v. WinnCourt of Appeals of Georgia · 1915
- Burton v. EtheridgeCourt of Appeals of Georgia · 1917
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