Legal Opinion
Davis v. Bennett
Supreme Court of Georgia
Decided December 11, 1924No. 4247PublishedCited by 6 opinions
1Opinion of the CourtRussell, C. J.
The attempted action was a motion to set aside a judgment or decree. It was filed in vacation, and later likewise adjudicated in vacation. In both instances the court was without jurisdiction. The judgment which was sought to be set aside was rendered in term time. A judge of the superior court has no jurisdiction to entertain a motion to set aside a judgment where the motion is made in vacation. Haskens v. State, 114 Ga. 837 (40 S. E. 997); United States Fidelity & Guaranty Co. v. First National Bank of Cornelia, 149 Ga. 132 (99 S. E. 529), et cit. In technical procedural propriety the…
2Cases cited3 opinions
- Haskens v. StateSupreme Court of Georgia · 1902
- United States Fidelity & Guaranty Co. v. First National BankSupreme Court of Georgia · 1919
- Davis v. BennettSupreme Court of Georgia · 1924
3Cited by6 opinions
- Grogan v. DeraneyCourt of Appeals of Georgia · 1928
- Schofield's Sons Co. v. VaughnCourt of Appeals of Georgia · 1929
- Gilbert v. Land Estates Inc.Court of Appeals of Georgia · 1940
- McNabb v. RussellCourt of Appeals of Georgia · 1932
- O'Neal v. Neal Veneering Co.Supreme Court of Georgia · 1928
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