Legal Opinion

Gillespie v. Farkas

Court of Appeals of Georgia

Decided January 23, 1917No. 7351PublishedCited by 18 opinions

Motion to set aside judgment; from city court of Albany— Judge Clayton Jones. March 13, 1916.

1Opinion of the Court

Jenkins, J,

1. While, under the code of this State, a judgment can not ordinarily be set aside, except for defects appearing upon the face of the record, there are instances in which motions so designated have been granted where based upon matters not so appearing. Whether such a petition be technically a motion to set aside a judgment, or denominated by other appropriate name under a proper proceeding by petition with rule nisi or process and service thereon, whenever such a petition- is predicated upon matters extraneous to the record, it must ordinarily be filed at the term during which the…

2Cases cited9 opinions

  1. Ford v. ClarkSupreme Court of Georgia · 1907
  2. Bourquin v. BourquinSupreme Court of Georgia · 1904
  3. Regopoulas v. StateSupreme Court of Georgia · 1902
  4. Union Compress Co. v. Leffler & SonSupreme Court of Georgia · 1905
  5. Haskens v. StateSupreme Court of Georgia · 1902

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3Cited by18 opinions

  1. Grogan v. DeraneyCourt of Appeals of Georgia · 1928
  2. Schofield's Sons Co. v. VaughnCourt of Appeals of Georgia · 1929
  3. Donalson v. Bank of JakinCourt of Appeals of Georgia · 1925
  4. Adams v. Overland-Madison Co.Court of Appeals of Georgia · 1921
  5. Carolina Tree Service, Inc. v. CartledgeCourt of Appeals of Georgia · 1957

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