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Drake v. Brown Manufacturing Co.

49 S.E. 590, 121 Ga. 550, 1904 Ga. LEXIS 227
CourtSupreme Court of Georgia
DecidedDecember 21, 1904
StatusPublished
Cited by6 cases

This text of 49 S.E. 590 (Drake v. Brown Manufacturing Co.) 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
Drake v. Brown Manufacturing Co., 49 S.E. 590, 121 Ga. 550, 1904 Ga. LEXIS 227 (Ga. 1904).

Opinion

Candler, J.

A motion to set aside a judgment must be predicated upon some defect apparent upon the face of the record. Sweat v. Latimer, 119 Ga. 615, and cit. It was accordingly not error to sustain a demurrer to such a motion based upon the ground that the movant had never been served with proper process in the suit wherein the judgment sought to be set aside was rendered, when it affirmatively appeared upon the face of the record that he had been so served. Judgment affirmed.

All the Justices concur. Busbee & Busbee, J. M., duPree, and J. H. Hall, for plaintiff in error. Whipple & McKenzie, contra.

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Related

Walthour v. Mock
117 S.E.2d 885 (Court of Appeals of Georgia, 1960)
Tobin v. Tobin
91 S.E.2d 508 (Supreme Court of Georgia, 1956)
Charles S. Martin Distributing Co. v. Southern Furnace Co.
76 S.E.2d 662 (Court of Appeals of Georgia, 1953)
Plunkett Warden v. Neal
41 S.E.2d 157 (Supreme Court of Georgia, 1947)
Jackson v. Jackson
35 S.E.2d 258 (Supreme Court of Georgia, 1945)
Fields v. Arnall
34 S.E.2d 692 (Supreme Court of Georgia, 1945)

Cite This Page — Counsel Stack

Bluebook (online)
49 S.E. 590, 121 Ga. 550, 1904 Ga. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drake-v-brown-manufacturing-co-ga-1904.