Ford v. Clark
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Mitchell. Colquitt superior court. December 17, 1906. Ford, as administrator of Graves, instituted his action of ejectment against W. S. Clark, returnable to the April term, 1906, of Colquitt superior court. At the next term a verdict was rendered in favor of the plaintiff, and a judgment entered thereon.
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Motion to set aside judgment. Before Judge Mitchell. Colquitt superior court. December 17, 1906. Ford, as administrator of Graves, instituted his action of ejectment against W. S. Clark, returnable to the April term, 1906, of Colquitt superior court. At the next term a verdict was rendered in favor of the plaintiff, and a judgment entered thereon. During the same term the defendant filed his motion to vacate and set aside the verdict and judgment, alleging that previously to the institution of the suit he had deposited his title deeds to the premises in dispute with the counsel for the…
1Opinion of the CourtEvans, J.
(After stating the facts.)
1. There is no doubt that the judgment of a court of competent jurisdiction may be set aside, by the court which rendered. it, for fraud and irregularity. Mobley v. Mobley, 9 Ga. 247. An examination of previous adjudications of this court discloses some apparent conflict as to the proper procedure. In Dugan v. McGlaun, 60 Ga. 353, it was said that a judgment may be vacated for fraud, accident, or mistake, unmixed with the negligence or fault of the complaining party, by decree in chancery, or in a court of law with appropriate pleadings, but can not be set aside on…
2Cases cited8 opinions
- Regopoulas v. StateSupreme Court of Georgia · 1902
- Union Compress Co. v. Leffler & SonSupreme Court of Georgia · 1905
- Mobley v. MobleySupreme Court of Georgia · 1851
- Ayer v. JamesSupreme Court of Georgia · 1904
- Dugan v. McGlannSupreme Court of Georgia · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Morris v. JohnstoneSupreme Court of Georgia · 1931
- Love v. National Liberty InsuranceSupreme Court of Georgia · 1924
- Lovelace v. LovelaceSupreme Court of Georgia · 1934
- Young v. YoungSupreme Court of Georgia · 1939
- McGahee v. McGaheeSupreme Court of Georgia · 1948
38 more not listed; retrieve them via the Exa API.