Fain v. Fain

Supreme Court of Georgia

Fain v. Fain

143 S.E. 586, 166 Ga. 504, 1928 Ga. LEXIS 342

CourtSupreme Court of Georgia

DecidedJune 12, 1928

DocketNo. 6599

StatusPublished

Cited by2 cases

This text of 143 S.E. 586 (Fain v. Fain) 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

Fain v. Fain, 143 S.E. 586, 166 Ga. 504, 1928 Ga. LEXIS 342 (Ga. 1928).

Pincite

Opinion

Gilbert, J.

1. “The allegations of the petition, not having been denied by any answer, are to be taken as true, without the introduction of evidence. Civil Code (1910), §§ 5539, 5662.” Higgs v. Higgs, 144 Ga. 20 (85 S. E. 1041).

2. The judgment setting aside the previously rendered verdict and judgment was in response to an oral motion. There was no written petition. The case was not an equitable proceeding under the Civil Code (1910), §§ 4584, 4585. ■ There was no motion for a new trial; there was no motion to open the default. § 5654. Held, that the court erred in setting aside the verdict and judgment.

3. The facts do not bring the case within the rule in Clark v. Ramsey, 138 Ga. 726 (75 S. E. 1128), and similar cases.

4. We do not rule upon the question of whether a verdict can in any case be “set aside and annulled” ,on an oral motion merely, without a brief of evidence and other indicia of a motion for new trial.

Judgment reversed.

AU the Justices concur. Augustine Sams and C. Holland Feagan, for plaintiff. Audley M. Lane and BJ. Paul Carpenter, for defendant.

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