Caldwell v. Freeman
Supreme Court of Georgia
Complaint. Before Judge Revill (of the city- court of Green-ville). Meriwether superior cour-t. August 17, 1915. The Bank of Haralson brought suit against W. M., L. A., J. M., and H. D. Caldwell, to recover the amount of certain promissory notes signed by the three defendants first named; and to obtain a decree to cancel and set aside a deed conveying realty from J. M. Caldwell to his son, H. D. Caldwell, on the ground that this deed was fraudulent and made for the purpose…
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Complaint. Before Judge Revill (of the city- court of Green-ville). Meriwether superior cour-t. August 17, 1915. The Bank of Haralson brought suit against W. M., L. A., J. M., and H. D. Caldwell, to recover the amount of certain promissory notes signed by the three defendants first named; and to obtain a decree to cancel and set aside a deed conveying realty from J. M. Caldwell to his son, H. D. Caldwell, on the ground that this deed was fraudulent and made for the purpose of defrauding petitioner and delaying and hindering the collection of the debt sued on and other debts of J. M. Caldwell.…
1Opinion of the CourtBeck, J.
(After stating -the foregoing facts.)
1. While under the Civil Code, § 5656, a trial judge is vested with a wide discretion as to opening a judgment of default on motion made at the trial term, there is no provision of law authorizing him to entertain a motion to open a default at any subsequent term at which the case is called. Thornton v. Coleman, 104 Ga. 625, 627 (30 S. E. 782). To move to open a default at the term at which a ease regularly stands for trial is purely a matter of grace, and this privilege must be exercised, if at all, within the time prescribed by the statute whereby it is…
2Cases cited2 opinions
- Thornton v. Coleman, Burden & Warthen Co.Supreme Court of Georgia · 1898
- Cauley v. Wadley Lumber Co.Supreme Court of Georgia · 1904
3Cited by7 opinions
- Pape v. Woolford Realty Co.Court of Appeals of Georgia · 1926
- Stubbs v. MendelSupreme Court of Georgia · 1919
- Avery & Co. v. SorrellSupreme Court of Georgia · 1924
- Whittier Mills Co. v. JenkinsCourt of Appeals of Georgia · 1919
- Fraser v. NeeseSupreme Court of Georgia · 1927
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