Combs v. Choven
Supreme Court of Georgia
Injunction. Appeal. Before Judge Miller. Bibb county. At chambers, June 4, 1892. The petition of Combs et al. prayed for the setting aside of a judgment obtained against them on the 18th of May, 1891, during the April term of Bibb superior court, aud for injunction against its enforcement, on the following facts : The judgment is for $100 principal, besides interest from July, 1888. The suit was begun on July 27, 1888, by Mrs. Choven against Combs, in a justice’s court, and…
Read the full summary
Injunction. Appeal. Before Judge Miller. Bibb county. At chambers, June 4, 1892. The petition of Combs et al. prayed for the setting aside of a judgment obtained against them on the 18th of May, 1891, during the April term of Bibb superior court, aud for injunction against its enforcement, on the following facts : The judgment is for $100 principal, besides interest from July, 1888. The suit was begun on July 27, 1888, by Mrs. Choven against Combs, in a justice’s court, and on the 26th of November, 1888, judgment was there rendered in favor of the plaintiff for $20 and costs. The defendant…
1Opinion of the Court
*780 Judgment affirmed.
The special assignment of error is, that the injunction should have been granted because the clerk had no power to file and docket the case as if brought to the April term, 1892, without direction from the court and notice to all the parties; and that the appeal not having been regularly filed and docketed, the court had no jurisdiction of the case, and hence the judgment was void. Blount & Grace, by brief, for plaintiff in error. No appearance contra.
2Cited by2 opinions
- Parks v. Bank of AdairsvilleCourt of Appeals of Georgia · 1913
- Berkeley v. State of GeorgiaCourt of Appeals of Georgia · 1947