Home/Supreme Court of Georgia/City of Cornelia v. Gunter

City of Cornelia v. Gunter

181 S.E.2d 489, 227 Ga. 464, 1971 Ga. LEXIS 736
CourtSupreme Court of Georgia
DecidedApril 8, 1971
Docket26376
StatusPublished
Cited by27 cases

This text of 181 S.E.2d 489 (City of Cornelia v. Gunter) 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
City of Cornelia v. Gunter, 181 S.E.2d 489, 227 Ga. 464, 1971 Ga. LEXIS 736 (Ga. 1971).

Opinion

Undercofler, Justice.

This appeal is from an order of the trial court entered at the November 1970 term and dated December 2, 1970. The order overruled the City of Cornelia’s first defense that the complaint failed to state a claim against this defendant upon which relief could be granted. This order changed the judgment of the trial court entered at the June 1970 term which was dated September 17, 1970, and dismissed the City of Cornelia as a party defendant. No motion to set aside the order of September 17, 1970, was made. Held:

"After the expiration of the term at which a decree was entered, it is out of the power of the court to modify and revise it in any matter of substance or in any matter affecting the merits. A decree, during the term at which it was rendered, is said to be in the breast of the judge; after it is over, it is upon the roll.” Carswell v. Shannon, 209 Ga. 596 (2) (74 SE2d 850). This rule as to the finality of judgments has not been changed by the Civil Practice Act of 1966 (Code Ann. § 81A-160 (h)). Compare Martin v. General Motors Corp., 226 Ga. 860 (1) (178 SE2d 183); Hicks v. Hicks, 226 Ga. 798 (177 SE2d 690).

Accordingly the trial court was without authority to alter its judgment of September 17, 1970, at a subsequent term. The judgment of the trial court dated December 2, 1970, overruling the *465 first defense filed by the City of Cornelia is therefore reversed.

Argued March 8, 1971 Decided April 8, 1971. Linton K. Crawford, for appellant. Jack N. Gunter, Robinson, Bui ce, Harben & Strickland, Emory F. Robinson, Arthur K. Bolton, Attorney General, Ellard & Frank-um, for appellees.

Judgment reversed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

STEVENS Et Al. v. FOOD LION, LLC
801 S.E.2d 340 (Court of Appeals of Georgia, 2017)
De La Reza v. Osprey Capital, LLC
651 S.E.2d 97 (Court of Appeals of Georgia, 2007)
Hopkins v. Garner & Glover Co.
504 S.E.2d 78 (Court of Appeals of Georgia, 1998)
Lee v. Restaurant Management Services
503 S.E.2d 59 (Court of Appeals of Georgia, 1998)
Scott v. Aaron
471 S.E.2d 55 (Court of Appeals of Georgia, 1996)
Umoren v. Panesar
463 S.E.2d 10 (Supreme Court of Georgia, 1995)
Holbrook v. General Electric Capital Corp.
396 S.E.2d 253 (Court of Appeals of Georgia, 1990)
Parks v. Gwinnett County
380 S.E.2d 77 (Court of Appeals of Georgia, 1989)
Moore v. Thompson
371 S.E.2d 111 (Court of Appeals of Georgia, 1988)
Robinson v. Kemp Motor Sales, Inc.
364 S.E.2d 623 (Court of Appeals of Georgia, 1988)
Long v. Long
278 S.E.2d 370 (Supreme Court of Georgia, 1981)
Cooley v. All the World
276 S.E.2d 615 (Supreme Court of Georgia, 1981)
Jennings v. Messman
276 S.E.2d 259 (Court of Appeals of Georgia, 1981)
Clark v. Ingram
257 S.E.2d 33 (Court of Appeals of Georgia, 1979)
C & S NATIONAL BANK v. Burden
244 S.E.2d 244 (Court of Appeals of Georgia, 1978)
Nix v. Nix
227 S.E.2d 481 (Court of Appeals of Georgia, 1976)
Holcomb v. Trax, Inc.
225 S.E.2d 468 (Court of Appeals of Georgia, 1976)
Adams Drive, Ltd. v. All-Rite Trades, Inc.
222 S.E.2d 174 (Court of Appeals of Georgia, 1975)
Cagle v. Dixon
217 S.E.2d 598 (Supreme Court of Georgia, 1975)
Ammons v. Bolick
210 S.E.2d 796 (Supreme Court of Georgia, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
181 S.E.2d 489, 227 Ga. 464, 1971 Ga. LEXIS 736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-cornelia-v-gunter-ga-1971.