Hawk v. Western & Atlantic Railroad

Supreme Court of Georgia

Hawk v. Western & Atlantic Railroad

91 S.E. 115, 146 Ga. 373, 1917 Ga. LEXIS 317

CourtSupreme Court of Georgia

DecidedJanuary 11, 1917

StatusPublished

Cited by2 cases

This text of 91 S.E. 115 (Hawk v. Western & Atlantic Railroad) 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

Hawk v. Western & Atlantic Railroad, 91 S.E. 115, 146 Ga. 373, 1917 Ga. LEXIS 317 (Ga. 1917).

Pincite

Opinion

Pee Curiam.

It having been discovered by this court, after the judgments in the above-stated cases, dated December 12, 1916, had been rendered and duly entered upon the minutes of the court, and after the x-emittiturs therein had been duly transmitted .to the trial court, but before the same were filed in the trial court, that the judgments were inadvertently rendered, this court upon its own motion recalled the remittiturs, and they were returned to this court without having been filed in the trial court. It is now ordered that the judgments rendered in the cases as above mentioned be vacated and set aside. See Maddox v. Bramlett, 84 Ga. 89 (11 S. E. 129). This case differs from Seaboard Air-Line Railway v. Jones, 119 Ga. 907 (47 S. E. 320), in which the court declined to entertain a motion for a rehearing where the judgment ivas not rendered by inadvertence and the remittitur had been filed in the trial court.

All the Justices concur, except Fish, O. J., absent.

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Pee Curiam.

It having been discovered by this court, after the judgments in the above-stated cases, dated December 12, 1916, had been rendered and duly entered upon the minutes of the court, and after the x-emittiturs therein had been duly transmitted .to the trial court, but before the same were filed in the trial court, that the judgments were inadvertently rendered, this court upon its own motion recalled the remittiturs, and they were returned to this court without having been filed in the trial court. It is now ordered that the judgments rendered in the cases as above mentioned be vacated and set aside. See Maddox v. Bramlett, 84 Ga. 89 (11 S. E. 129). This case differs from Seaboard Air-Line Railway v. Jones, 119 Ga. 907 (47 S. E. 320), in which the court declined to entertain a motion for a rehearing where the judgment ivas not rendered by inadvertence and the remittitur had been filed in the trial court.

All the Justices concur, except Fish, O. J., absent.

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Bluebook (online)

91 S.E. 115, 146 Ga. 373, 1917 Ga. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawk-v-western-atlantic-railroad-ga-1917.

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