Harris v. J. B. Breed & Co.
Supreme Court of Georgia
Garnishment. Motion to set aside judgment. Decided by Judge Worrill. Muscogee Superior Court. February, 1868. J. B. Breed & Go. sued Ritter & Porter, and pendente Me had summons, of garnishment served on Daniel Harris, on-the 16th of February, 1867. He answered at the first term, but the Court, for some cause not stated, required him. to answer over.
Read the full summary
Garnishment. Motion to set aside judgment. Decided by Judge Worrill. Muscogee Superior Court. February, 1868. J. B. Breed & Go. sued Ritter & Porter, and pendente Me had summons, of garnishment served on Daniel Harris, on-the 16th of February, 1867. He answered at the first term, but the Court, for some cause not stated, required him. to answer over. On the 22d of November, 1867, having had judgment against Ritter & Porter, and Harris having failed to answer over, they entered up judgment against Harris. The Court adjourned over from the 22d of November, 1867, till February, 1868. On the 21st…
1Opinion of the CourtMcCay, J.
Whilst it is, as a general rule, true, that during the term, the judgments of a Court “ are in its own breast,” and may, for good reasons, be vacated ; yet, it must be a strong case to induce this Court to interfere with that discretion that must necessarily be lodged with the Judge in such matters. This is only a Court for the correction of errors in law, and there must be an abuse of the discretion of the Court below to make his action error of law. This party had his day in Court fairly. If he neglected his duty; if he failed, without good reason, to answer by the time of the calling of…
2Cited by2 opinions
- Mimbs v. StateCourt of Appeals of Georgia · 1907
- Bearden v. Metropolitan Street RailroadSupreme Court of Georgia · 1889