Legal Opinion
Whitley v. Southern Wholesale Corp.
Court of Appeals of Georgia
Decided July 14, 1932No. 21980PublishedCited by 4 opinions
1Opinion of the CourtSutton, J.
1. A confession of judgment is a substitute for verdict. Brown v. Anderson, 13 Ga. 171; Melins v. Horne, 29 Ga. 536; Easter v. Snelling, 30 Ga. 503.
2. There is no statute in this State -which provides for confession of judgment without the pendency of an action. Civil Code (1910), § 5954, declares in part that “No confession of judgment shall be entered up . . . unless.the cause has been regularly sued out and docketed as in other cases.” Under this section a judgment can not be entered upon a confession of judgment, made before any action is commenced. Thomas v. Bloodworth, 44 Ga. App. 44…
2Cases cited6 opinions
- Brown v. AndersonSupreme Court of Georgia · 1853
- Information Buying Co. v. MillerSupreme Court of Georgia · 1931
- Thomas v. BloodworthCourt of Appeals of Georgia · 1931
- Williams v. AtwoodSupreme Court of Georgia · 1874
- Easter v. SnellingSupreme Court of Georgia · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Stamps v. Bank South, N.A.Court of Appeals of Georgia · 1996
- Deborah Gonzalez v. Jarrod MillerCourt of Appeals of Georgia · 2024
- Mary Swearingen v. Progressive Express Insurance CompanyDistrict Court, M.D. Florida · 2026
- PROGRESSIVE SELECT INSURANCE COMPANY v. HILCHEYDistrict Court of Appeal of Florida · 2024