Manry v. Twitty
Supreme Court of Georgia
Motion to open default. Before J. H. Seaife, judge pro hac ■ vice. Mitchell superior court. July 23, 1908. On July 23, 1908, W. II. Manry and his wife presented to the judge presiding in the superior court of Mitchell county, then in session during an adjourned term, a petition alleging, in brief, as follows: They reside in said county.
Read the full summary
Motion to open default. Before J. H. Seaife, judge pro hac ■ vice. Mitchell superior court. July 23, 1908. On July 23, 1908, W. II. Manry and his wife presented to the judge presiding in the superior court of Mitchell county, then in session during an adjourned term, a petition alleging, in brief, as follows: They reside in said county. On October 1, 1907, W. C. Twitty filed in the office of the clerk of the superior court an action against the present petitioners, to recover certain land. The case was returnable to the October term, 1907, of the court, and service was perfected on the…
1Opinion of the CourtLumpkin, J.
■ (After stating the foregoing facts.)
It is not altogether clear whether the presiding judge intended his order to operate as a dismissal, on demurrer, of the motion to open the default, or as a refusal of the motion upon the facts presented both by the pleadings and evidence. The order stated that the demurrer was sustained, but also added that the motion-to open the default was refused and denied. But in whichever light it be regarded, it must be affirmed; because neither on the face of the application, nor with the addition of the facts disclosed by the evidence, was the movant entitled to…
2Cases cited5 opinions
- Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
- Brucker v. O'ConnorSupreme Court of Georgia · 1902
- Kellam v. ToddSupreme Court of Georgia · 1902
- Ingalls v. LamarSupreme Court of Georgia · 1902
- Cashen v. Southern Mutual Building & Loan Ass'nSupreme Court of Georgia · 1902
3Cited by3 opinions
- Houston v. Lowes of Savannah, Inc.Supreme Court of Georgia · 1975
- Thomas v. Travelers InsuranceCourt of Appeals of Georgia · 1936
- Rawls v. BowersCourt of Appeals of Georgia · 1934