Legal Opinion

McMillan v. Barton

Court of Appeals of Georgia

Decided July 19, 1916No. 7234PublishedCited by 2 opinions

Complaint; from city court of Yaldosta — Judge Cranford. January 1, 1916.

1Opinion of the CourtBroyles, J.

1. “Until the final adjournment of the term at which a judgment by default has been entered, the court has such control thereof that it may, for any legal or satisfactory reason, set the same aside. It follows that even in a court where a final judgment may be rendered at the first term, the judge may, in his discretion and upon proper showing at such term, set aside either a judgment by default or a final judgment entered thereon.” Cooley v. Tybee Beach Co., 99 Ga. 290 (25 S. E. 691). The general rule is that during the term all judgments and orders are in the breast of the court, and…

2Cases cited3 opinions

  1. Florida Central Railroad v. LukeCourt of Appeals of Georgia · 1912
  2. Cooley v. Tybee Beach Co.Supreme Court of Georgia · 1896
  3. Tennessee Oil & Gas Co. v. American Art WorksCourt of Appeals of Georgia · 1911

3Cited by2 opinions

  1. Allison v. GarberCourt of Appeals of Georgia · 1935
  2. R. H. Macey & Co. v. ChanceyCourt of Appeals of Georgia · 1967

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