Buchannon v. Park

Court of Appeals of Georgia

Buchannon v. Park

104 S.E. 20, 25 Ga. App. 635, 1920 Ga. App. LEXIS 115

CourtCourt of Appeals of Georgia

DecidedSeptember 17, 1920

Docket10749

StatusPublished

This text of 104 S.E. 20 (Buchannon v. Park) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buchannon v. Park, 104 S.E. 20, 25 Ga. App. 635, 1920 Ga. App. LEXIS 115 (Ga. Ct. App. 1920).

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Opinion

Stephens, J.

1. A motion was made by the plaintiff to set aside a judgment rendered in his favor against the Bank of Blakely, and a rule nisi was issued requiring the Bank of Blakely, W. G. Park, receiver, D. W. James, president, and R. O. Waters, trustee in bankruptcy for D. W. James, to show cause why the judgment should not be set aside.' Service of the rule nisi was perfected on W. G. Park, receiver for the Bank of Blakely, and on W. W. Brunson; and answers thereto were filed only by W. G. Park, receiver, and R. O. Waters, trustee. Upon a hearing, it appearing that the receiver had been finally discharged, the petition was properly dismissed as to him, and it appearing that the original judgment sought to be set aside was against the Bank of Blakely only, the petition was properly dismissed as to R. O. Waters, trustee in bankruptcy for D. W. James, president.

2. Moreover, it not affirmatively appearing from the record that the motion, which was strictly statutory, was presented and filed in term time, it was properly dismissed. Bedgood v. Floyd, 20 Ga. App. 617 (93 S. E. 218).

Judgment affirmed.

Jenkins, P. J,, and Smith, J. concur.

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Stephens, J.

1. A motion was made by the plaintiff to set aside a judgment rendered in his favor against the Bank of Blakely, and a rule nisi was issued requiring the Bank of Blakely, W. G. Park, receiver, D. W. James, president, and R. O. Waters, trustee in bankruptcy for D. W. James, to show cause why the judgment should not be set aside.' Service of the rule nisi was perfected on W. G. Park, receiver for the Bank of Blakely, and on W. W. Brunson; and answers thereto were filed only by W. G. Park, receiver, and R. O. Waters, trustee. Upon a hearing, it appearing that the receiver had been finally discharged, the petition was properly dismissed as to him, and it appearing that the original judgment sought to be set aside was against the Bank of Blakely only, the petition was properly dismissed as to R. O. Waters, trustee in bankruptcy for D. W. James, president.

2. Moreover, it not affirmatively appearing from the record that the motion, which was strictly statutory, was presented and filed in term time, it was properly dismissed. Bedgood v. Floyd, 20 Ga. App. 617 (93 S. E. 218).

Judgment affirmed.

Jenkins, P. J,, and Smith, J. concur.

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Bluebook (online)

104 S.E. 20, 25 Ga. App. 635, 1920 Ga. App. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buchannon-v-park-gactapp-1920.

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