Burnett v. Johnston

This was a motion to set aside a judgment rendered in the superior court on appeal from the DeKalb county division of the municipal court of Atlanta. The grounds of the motion are that a certain sum of money, less than the amount involved in the suit, which had been paid into the municipal'court by the defendant as a tender of settlement, was accepted by counsel for the plaintiff, and that this fact was unknown by the defendant until after the rendition of the judgment in the superior court. The plaintiff, on the hearing of the motion, contended that the fund paid into the municipal court was…