Dabney v. Benteen

1. “Until the end of the term at which rendered, judgments are in the ‘breast of the court,5 and may be set aside or modified at the judge’s discretion; but to set aside a final judgment based on a verdict, except for defects appearing on the face of the record, the verdict must also be set aside; and the verdict is not ‘within the breast of the court5 in the sense that the judgment is.55 Ga. Ry. & Electric Co. v. Hamer, 1 Ga. App. 673 (58 S. E. 54), and citations.

2. To set aside a verdict and judgment, even where the movant alleges that the verdict was obtained by fraud, it must be shown,…