Murray v. Willoughby
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Spence. Turner superior court. September 18, 1908. On December 31, 1906, Willoughby filed his petition against Murray and Ensign, alleging (in brief) that on November 30, 1901, Willoughby purchased from Ensign 125 acres of land for $400, on which $25 was paid; that Willoughby took possession, erected a house, cleared about fifty acres, and placed $800 worth of improvements on the land; that afterward Ensign sold to Murray a tract…
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Motion to set aside judgment. Before Judge Spence. Turner superior court. September 18, 1908. On December 31, 1906, Willoughby filed his petition against Murray and Ensign, alleging (in brief) that on November 30, 1901, Willoughby purchased from Ensign 125 acres of land for $400, on which $25 was paid; that Willoughby took possession, erected a house, cleared about fifty acres, and placed $800 worth of improvements on the land; that afterward Ensign sold to Murray a tract embracing the land sold to Willoughby, and attempted to convey it by deed; that Murray at that time knew all the facts,…
1Opinion of the CourtBeck, J.
We think that the court erred in vacating and setting aside the judgment, although the motion was made at the term at which the judgment was rendered. Motions of this character, as *517it has frequently been decided, are addressed to the sound discretion of the court, and this court will not interfere with the exercise of that discretion where it does not appear that it was abused; and where there is any doubt as to whether or not the court, at the time of rendering the judgment setting aside and vacating a judgment previously rendered, exercised a sound discretion, this court, as a general rule,…
2Cases cited2 opinions
- Kellam v. ToddSupreme Court of Georgia · 1902
- Beall v. Marietta Paper Mill Co.Supreme Court of Georgia · 1872
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- Mitchell v. LindlySupreme Court of Oklahoma · 1960
- Jackson v. GrantSupreme Court of Georgia · 1922