Legal Opinion

Athens Leather Manufacturing Co. v. Myers & Co.

Supreme Court of Georgia

Decided May 4, 1896PublishedCited by 5 opinions

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…

2Cited by5 opinions

  1. Peterson v. CrosierUtah Supreme Court · 1905
  2. Godby v. HeinCourt of Appeals of Georgia · 1963
  3. Henderson v. EllarbeeCourt of Appeals of Georgia · 1926
  4. Colclough v. WalkerCourt of Appeals of Georgia · 1916
  5. Johnson v. SikesCourt of Appeals of Georgia · 1918

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