Jordan v. Charles S. Martin Distributing Co.

I agree with the majority opinion reversing the case for the reason that the trial court erred in sustaining the demurrer to the motion to set aside the judgment. It will be noted that the trial judge sustained the demurrer on the authority of Warren v. Rushing, 144 Ga. 613, holding that the motion to set aside comes too late. It is my opinion that he intended to refer to Saffold v. Evans, 136 Ga. 375 (71 S. E. 663), which is, in headnote 2 of the Warren case, distinguished therefrom. There is nothing in either the Warren or Saffold case, however, which confines the defendant to any…