Camp v. Wallace

Supreme Court of Georgia

Camp v. Wallace

61 Ga. 497

CourtSupreme Court of Georgia

DecidedAugust 15, 1878

StatusPublished

Cited by4 cases

This text of 61 Ga. 497 (Camp v. Wallace) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Camp v. Wallace, 61 Ga. 497 (Ga. 1878).

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Opinion

Bleckley, Justice.

No defense was filed until after the appearance term, and even after the thirty days had expired which the court, by general order, had given in addition to that term. This [500]*500being so, it was at the peril of the defendant to bring the plea to the notice of the court, and not let it be concealed in the clerk’s office. It was out of time — not duly filed, and therefore the same as if not filed at all. Rather than treat the judgment as vitiated by it, the plea should be ordered off the files, and put where it can do no harm.

Judgment affirmed.

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Bleckley, Justice.

No defense was filed until after the appearance term, and even after the thirty days had expired which the court, by general order, had given in addition to that term. This [500]*500being so, it was at the peril of the defendant to bring the plea to the notice of the court, and not let it be concealed in the clerk’s office. It was out of time — not duly filed, and therefore the same as if not filed at all. Rather than treat the judgment as vitiated by it, the plea should be ordered off the files, and put where it can do no harm.

Judgment affirmed.

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Bluebook (online)

61 Ga. 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camp-v-wallace-ga-1878.

Opinion

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