Little v. Ingram
Supreme Court of Georgia
Motion to set aside judgment, in Crawford Superior Court-Decided by Judge Powers, March Term, 1854. This was a case in which an action of ejectment had been brought by the plaintiff in error, against the defendants.
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Motion to set aside judgment, in Crawford Superior Court-Decided by Judge Powers, March Term, 1854. This was a case in which an action of ejectment had been brought by the plaintiff in error, against the defendants. Pleas 'had been filed and a verdict had — judgment entered up and a writ of possession issued; to which, an affidavit of illegality was filed, and at the next term of the Court, a motion was made to vacate the judgment, on the ground that no process had been attached to the original declaration, nor any copy of process served on defendants: nor was there any waiver of process by…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The mischief which the 8th section of the Judiciary Act of 1799 (relating to process) seems to have been intended to remedy, was the inconvenience arising from the great multiplicity of the forms and requisites of process, for the commencement of actions at Law. Previous to the passage of that Act, the practice of the English Courts, in this respect, was of force in our State, and not a little trouble and difficulty must sometimes have been found, in selecting the process suitable to the action to be brought. It was undoubtedly to obviate…
2Cases cited1 opinion
- Beall v. BlakeSupreme Court of Georgia · 1853
3Cited by8 opinions
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Jackson v. JacksonSupreme Court of Georgia · 1945
- Saffold v. BanksSupreme Court of Georgia · 1882
- Moss v. StricklandSupreme Court of Georgia · 1912
- Little v. StateTennessee Supreme Court · 1873
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