Legal Opinion

Robinson v. Carmichael

Supreme Court of Georgia

Decided June 23, 1910PublishedCited by 7 opinions

Petition for injunction, etc. Before Judge Pendleton. Fulton superior court. The plaintiff instituted suit to set aside a judgment and enjoin the enforcement of an execution, upon the ground that it was obtained by accident, as shown by the following facts: The suit in which the judgment was obtained was filed on August 18, 1908, returnable to the September term of the city court of Atlanta.

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Petition for injunction, etc. Before Judge Pendleton. Fulton superior court. The plaintiff instituted suit to set aside a judgment and enjoin the enforcement of an execution, upon the ground that it was obtained by accident, as shown by the following facts: The suit in which the judgment was obtained was filed on August 18, 1908, returnable to the September term of the city court of Atlanta. The defendant therein employed counsel who, at the first term, filed a meritorious defense. The defendant was unfamiliar with the method of procedure in the court, and did not know what to do except to…

1Opinion of the CourtAtkinson, J.

The injunction should have been granted. The ease differs

from that of Ayer v. James, 120 Ga. 578 (48 S. E. 154), and the cases therein cited, all being from courts where the dockets were not so crowded as were those of the city court of Atlanta, and where the practice óf assignment of cases was not the same. It was more, like the case of Howell v. Ware & Harper, 133 Ga. 674 (66 S. E. 884), where a proceeding, to set aside a judgment rendered by default in the city court of Atlanta, on the ground that the sudden illness of counsel had prevented him from filing a defense until the time for…

2Cases cited2 opinions

  1. Ayer v. JamesSupreme Court of Georgia · 1904
  2. Howell v. Ware & HarperSupreme Court of Georgia · 1909

3Cited by7 opinions

  1. Blanch v. KingSupreme Court of Georgia · 1947
  2. Byrd Printing Co. v. Whitaker Paper Co.Supreme Court of Georgia · 1911
  3. Sherman v. StephensCourt of Appeals of Georgia · 1923
  4. Sims v. SimsSupreme Court of Georgia · 1910
  5. Clark v. RamseySupreme Court of Georgia · 1912

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