Jones v. Empire Furniture Co.

Court of Appeals of Georgia

Jones v. Empire Furniture Co.

142 S.E. 694, 38 Ga. App. 93, 1928 Ga. App. LEXIS 56

CourtCourt of Appeals of Georgia

DecidedApril 10, 1928

Docket18700

StatusPublished

This text of 142 S.E. 694 (Jones v. Empire Furniture Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Empire Furniture Co., 142 S.E. 694, 38 Ga. App. 93, 1928 Ga. App. LEXIS 56 (Ga. Ct. App. 1928).

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Opinion

Luke, J.

A plea was filed, but was withdrawn by the attorney representing the defendant. Subsequently, judgment was regularly entered against the defendant. She sought to vacate the judgment for the reasons that she had a good defense to the suit, as to part payment of the claim, that before the withdrawal of the plea certain credits were agreed to, and that the case was not on the calendar of cases to be tried. The evidence was in conflict as to credits claimed, etc. The court denied and overruled the motion to set aside the judgment.

There was no abuse of discretion in overruling the motion to vacate the judgment. The defendant being represented by counsel, and her counsel having withdrawn her plea, there was no defense, and the judgment necessarily followed.

Judgment affirmed.

Broyles, G. J., and Bloodworth, J., concur.

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Luke, J.

A plea was filed, but was withdrawn by the attorney representing the defendant. Subsequently, judgment was regularly entered against the defendant. She sought to vacate the judgment for the reasons that she had a good defense to the suit, as to part payment of the claim, that before the withdrawal of the plea certain credits were agreed to, and that the case was not on the calendar of cases to be tried. The evidence was in conflict as to credits claimed, etc. The court denied and overruled the motion to set aside the judgment.

There was no abuse of discretion in overruling the motion to vacate the judgment. The defendant being represented by counsel, and her counsel having withdrawn her plea, there was no defense, and the judgment necessarily followed.

Judgment affirmed.

Broyles, G. J., and Bloodworth, J., concur.

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Bluebook (online)

142 S.E. 694, 38 Ga. App. 93, 1928 Ga. App. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-empire-furniture-co-gactapp-1928.