Michelson v. Cunningham
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Sweat. Glynn superior court. May term, 1894. A rule absolute to foreclose a mortgage, in behalf of Cunningham suing for the use of the Brunswick State Bank against Zella B. Michelson and Morris Michelson, was taken.
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Motion to set aside judgment. Before Judge Sweat. Glynn superior court. May term, 1894. A rule absolute to foreclose a mortgage, in behalf of Cunningham suing for the use of the Brunswick State Bank against Zella B. Michelson and Morris Michelson, was taken. At the same term Zella B. Michelson moved to set aside the judgment absolute, upon the following grounds: (1) Itwas entered up before the expiration ofthe term next after the rule nisi was granted, and hence was premature, inasmuch as the code (§8964) allows the defendant to answer the rule nisi at any time during the term to which it is…
1Opinion of the Court
Hart, Judge.
The official report of the facts of this case is sufficiently full. The plaintiff in error insists that the court erred in overruling her motion to set aside the judgment of foreclosure, upon two grounds. 1st: Because the judgment absolute was prematurely granted. 2d: Because, under the practice of long standing in Glynn superior court*the case should have been first “assigned,” before final judgment. The determination of the first ground depends upon the construction to be given sections 3962 and 3964 of the code. The first provides, that upon the filing of a petition to…
2Cited by2 opinions
- Walton v. Wilkinson Bolton Co.Supreme Court of Georgia · 1924
- Lankford v. PetersonCourt of Appeals of Georgia · 1917