Smith v. Equitable Mortgage Co.
Supreme Court of Georgia
Motion. Before Judge Hardeman. Crawford .superior court. March term, 1895. An oral motion was made in the superior court for the following order: “It appearing to the court, that on the first Tuesday in June, 1894, the sheriff of said county of Crawford exposed for sale, after duly advertising the same, and did on said day sell the following property, to wit, all that tract or parcel of land lying and being in the first district of said county, and' being whole lots numbers…
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Motion. Before Judge Hardeman. Crawford .superior court. March term, 1895. An oral motion was made in the superior court for the following order: “It appearing to the court, that on the first Tuesday in June, 1894, the sheriff of said county of Crawford exposed for sale, after duly advertising the same, and did on said day sell the following property, to wit, all that tract or parcel of land lying and being in the first district of said county, and' being whole lots numbers 181 and 182, and 20 acres in the northwest comer of lot number 183, consisting of 425 acres more or less, being a…
1Opinion of the Court
Atkinson, Justice.
The official report in this case states the facts.
A motion made during the progress of a case for the allowance of any privilege or the adjudication of any right which may fall within the pleadings of a cause pending in the superior court, may be made orally, as well as in writing; and -if the judgment of the court pronounced upon such motion be registered upon the minutes of the court, this will suffice to sustain the judgment. But where it is sought to invoke the powers of the court touching matters which lie outside the pleadings, though in some sense pertinent to the…
2Cited by3 opinions
- Livingston & Stewart v. KingCourt of Appeals of Georgia · 1907
- Elliott v. LeathersSupreme Court of Georgia · 1967
- Elliott v. LeathersSupreme Court of Georgia · 1967