Legal Opinion

Athearn v. Armour & Co.

Court of Appeals of Georgia

Decided March 1, 1935No. 24143PublishedCited by 2 opinions

1Opinion of the CourtStephens, J.

A trial upon an issue formed on a motion to set aside a judgment; upon the ground of want of service, and a traverse to the oflieer’s return, is a proceeding in the main case and is an interlocutory matter. Walker v. District Grand Lodge, 15 Ga. App. 644 (83 S. E. *8651101). A verdict and judgment rendered therein, which is in favor of the defendant’s traverse of service, is not a final judgment. Nor is a judgment overruling a plaintiff’s motion for a new trial upon verdict and judgment on a motion to set aside a judgment a final judgment in the case. A bill of exceptions brought by the…

2Cases cited4 opinions

  1. Ross v. MercerSupreme Court of Georgia · 1902
  2. State Mutual Life & Annuity Ass'n v. KempSupreme Court of Georgia · 1902
  3. Walker v. District Grand Lodge No. 18Court of Appeals of Georgia · 1915
  4. Albany & Northern Railway Co. v. Dunlap Hardware Co.Court of Appeals of Georgia · 1909

3Cited by2 opinions

  1. Winn v. Armour & Co.Supreme Court of Georgia · 1937
  2. Swift & Co. v. LawsonCourt of Appeals of Georgia · 1955

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