Lythgoe v. Carson
Court of Appeals of Georgia
" Complaint; from city court of hTewnan — Judge Post. July 28, 1915. In the case of Carson against Lythgoe the trial judge refused to open a default, directed a verdict against the defendant, and entefed judgment thereon; all of which is complained of in the bill of exceptions.
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" Complaint; from city court of hTewnan — Judge Post. July 28, 1915. In the case of Carson against Lythgoe the trial judge refused to open a default, directed a verdict against the defendant, and entefed judgment thereon; all of which is complained of in the bill of exceptions. The motion to dismiss the writ of error is based on the ground that after the case had been disposed of in the trial court as stated above, and before the bill of exceptions was signed, the plaintiff in error filed a suit against Carson, the defendant in error, which is still pending, based upon the same cause of…
1Opinion of the CourtBkoyles, J.
1. Under the facts disclosed by the record, the motion to dismiss the writ of error is without merit.
2. The opening of a default at the trial term, after the defendant has complied with the provisions- of section 5656 of the Civil Code of 1910, is a matter expressly within the discretion of the trial judge. Brawner v. Maddox, 1 Ga. App. 332 (5), 338 (58 S. E. 278); Graham v. Atlanta National Building Association, 110 Ga. 278 (34 S. E. 847).
{a) The discretion of the trial judge in refusing to open a default at the trial term will not be controlled unless it has been manifestly abused. In this…
2Cases cited5 opinions
- Brawner v. MaddoxCourt of Appeals of Georgia · 1907
- Coker v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1905
- Randolph v. Brunswick & Birmingham RailroadSupreme Court of Georgia · 1904
- Seaboard Air-Line Railway v. RandolphSupreme Court of Georgia · 1906
- Graham v. Atlanta National Building & Loan Asso.Supreme Court of Georgia · 1899
3Cited by1 opinion
- Strother v. HarperCourt of Appeals of Georgia · 1927