Lovett v. Vickers Bros.

Court of Appeals of Georgia

Lovett v. Vickers Bros.

100 S.E. 755, 24 Ga. App. 407, 1919 Ga. App. LEXIS 690

CourtCourt of Appeals of Georgia

DecidedNovember 6, 1919

Docket10458

StatusPublished

Cited by5 cases

This text of 100 S.E. 755 (Lovett v. Vickers Bros.) 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

Lovett v. Vickers Bros., 100 S.E. 755, 24 Ga. App. 407, 1919 Ga. App. LEXIS 690 (Ga. Ct. App. 1919).

Pincite

Opinion

Smith, J.

This was a statutory motion to set aside a default judgment. Civil Code (1910), §§ 4358, 5958. It not affirmatively appearing on the face of the motion, or from the evidence submitted on the hearing, that the motion was made in term time, and this being essential to the validity of such a motion, it should have been dismissed; and the order of the court overruling the motion will be construed as a dismissal. Bedgood v. Floyd, 20 Ga. App. 617 (93 S. E. 218).

Judgment affirmed.

Jenloms, P. J., and Stephens, J., concur.

Motion to set aside judgment; from city court of Nashville— Judge Lovett. March 10,1919.

J. W. Powell, for plaintiff in error. Story & Story, contra.

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