Athens Leather Manufacturing Co. v. Myers & Co.
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Cobb. City court of Athens. March term, 1895.
1Opinion of the Court
Lumpkin, Justice.
This was an action by Myers & Company against the Athens Leather Manufacturing Company, in the city court of Athens. At the trial term the case was in default, and a judgment was duly rendered in the plaintiff’s favor. During the same term, a motion was made to set the judgment aside and reinstate, the case. It appears that the failure to make a defense at the right time was due to the gross negligence either of the defendant company or its counsel; and therefore, the court certainly did not err in refusing to reopen the case, even though the defendant’s showing for a…
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