Bedgood v. Floyd
Court of Appeals of Georgia
Motion to set aside judgment; from Campbell superior court— Judge Smith. June 13, 1916.
1Opinion of the CourtGeorge, J.
This was a statutory motion to set aside a judgment. Civil Code (1910), §§ 4358, 5958. It is essential to the validity of such .a motion that it affirmatively appear that the motion was presented to the judge and filed in term time. It affirmatively appears, from the record that the motion was presented to the judge of the superior court at chambers, and the bill of exceptions recites that it was “made in vacation after the court had adjourned.” Having been begun in vacation, the proceeding was a nullity, and the judge of the superior court had no authority to entertain the motion. See Malsby…
2Cases cited1 opinion
- Malsby & Co. v. StudstillSupreme Court of Georgia · 1907
3Cited by6 opinions
- Ohlen v. McCoyCourt of Appeals of Georgia · 1920
- Lovett v. Vickers Bros.Court of Appeals of Georgia · 1919
- Swicord v. Grady CountyCourt of Appeals of Georgia · 1919
- Brown v. Marbut-Williams Lumber Co.Court of Appeals of Georgia · 1924
- Buchannon v. ParkCourt of Appeals of Georgia · 1920
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