Legal Opinion

Martin v. Shields

Supreme Court of Georgia

Decided October 13, 1915PublishedCited by 6 opinions

Complaint. Before Judge Meadow. Madison superior court. September 10, 1914.

1Opinion of the CourtAtkinson, J.

Where a defendant duly served fails to answer, and a judgment in default is entered against him, the fact that such person has requested a codefendant to employ counsel and file a defense for him, *180and the eodefendant has failed to do so, is not such a providential cause or excusable neglect as will authorize the judge in his sound discretion to allow the default to be opened and a defense set up at the trial term. Ingalls v. Lamar, 115 Ga. 296 (41 S. E. 573); Moore v. Kelly & Jones Co., 109 Ga. 798 (35 S. E. 168); Civil Code, § 5656.

October 13, 1915. Complaint. Before Judge Meadow. Madison…

2Cases cited2 opinions

  1. Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
  2. Ingalls v. LamarSupreme Court of Georgia · 1902

3Cited by6 opinions

  1. Houston v. Lowes of Savannah, Inc.Supreme Court of Georgia · 1975
  2. Conway v. GowerSupreme Court of Georgia · 1951
  3. McMURRIA MOTOR CO. INC. v. BishopCourt of Appeals of Georgia · 1952
  4. Henderson v. American Hat Mfg. Co.Court of Appeals of Georgia · 1937
  5. Rawls v. BowersCourt of Appeals of Georgia · 1934

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