Legal Opinion

Strachan & Co. v. Wolfe

Court of Appeals of Georgia

Decided July 4, 1907No. 417PublishedCited by 9 opinions

Motion to reinstate, from city court of Brunswick — Judge Gale. March 15, 1907.

1Opinion of the CourtPowell, J.

1. The exercise of discretion by the trial judge in reinstating a case dismissed for want of prosecution will not, unless flagrantly abused, be disturbed. Davis v. Alexander, 27 Ga. 479; Wallace v. Cason, 42 Ga. 438.

2. As to those judgments which, outside of the merits of the controversy, pertain to the rules of practice, and are rendered upon formal matters of procedure, the trial judge is allowed a wider control, as to modification or annulment, than as to judgments upon substantial matters affecting the merits of any portion of the case. E. T. V. & G. Ry. Co. v. Green, 95 Ga. 37, 22 S. E.…

2Cases cited3 opinions

  1. East Tenn., Va. & Ga. Railway Co. v. GreeneSupreme Court of Georgia · 1894
  2. Wallace v. CasonSupreme Court of Georgia · 1871
  3. Davis v. AlexanderSupreme Court of Georgia · 1859

3Cited by9 opinions

  1. Athens Apartment Corp. v. HillSupreme Court of Georgia · 1923
  2. Jones v. Garage Equipment Co.Court of Appeals of Georgia · 1915
  3. Carolina Tree Service, Inc. v. CartledgeCourt of Appeals of Georgia · 1957
  4. Bankers Health & Life Insurance v. KimberlyCourt of Appeals of Georgia · 1939
  5. Cowart v. SmithSupreme Court of Georgia · 1936

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