Wood v. Turner
Supreme Court of Georgia
Motion to vacate judgment, etc. Before Judge Searcy. Pike superior court. February 26, 1916. The Gem Knitting Mills was declared a voluntary bankrupt, and T. J. Berry was appointed its trustee and qualified as siich. On the direction of the bankruptcy court he instituted a suit in the superior court of Pike county against B. M. Turner and others, to recover certain property alleged to have been preferentially conveyed by the bankrupt prior to bankruptcy.
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Motion to vacate judgment, etc. Before Judge Searcy. Pike superior court. February 26, 1916. The Gem Knitting Mills was declared a voluntary bankrupt, and T. J. Berry was appointed its trustee and qualified as siich. On the direction of the bankruptcy court he instituted a suit in the superior court of Pike county against B. M. Turner and others, to recover certain property alleged to have been preferentially conveyed by the bankrupt prior to bankruptcy. At the appearance term of this suit, to wit, April, 1914, a settlement was reached between the attorney of the trustee and the defendants,…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) When the case was dismissed by Berry, trustee, as having been settled, and an entry of the order of settlement was made on the records of the court, that was an end of that litigation. Only a party to that litigation could lawfully move to set it aside, by a supplementary motion made in that case, as only a party may move for a new trial or for a rehearing. DuPree v. Drake, 94 Ga. 456 (19 S. E. 242). When Wood succeeded Berry as trustee, it was competent for him to file an independent proceeding to set aside the judgment ren*95dered in the case to which his…
2Cases cited2 opinions
- Griffin v. SissonSupreme Court of Georgia · 1917
- Dupree v. DrakeSupreme Court of Georgia · 1894
3Cited by7 opinions
- Stewart v. LatimerSupreme Court of Georgia · 1944
- Alexander v. BlackmonCourt of Appeals of Georgia · 1973
- Central of Georgia Railway Co. v. BridwellCourt of Appeals of Georgia · 1925
- Rogers v. CarterSupreme Court of Georgia · 1933
- Arnoldsville Trading Company v. BrothertonCourt of Appeals of Georgia · 1939
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