Mitchell v. Williams

Supreme Court of Georgia

Mitchell v. Williams

34 S.E. 848, 110 Ga. 280, 1899 Ga. LEXIS 555

CourtSupreme Court of Georgia

DecidedDecember 1, 1899

StatusPublished

Cited by1 cases

This text of 34 S.E. 848 (Mitchell v. Williams) 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

Mitchell v. Williams, 34 S.E. 848, 110 Ga. 280, 1899 Ga. LEXIS 555 (Ga. 1899).

Pincite

Opinion

Lewis, J.

1. It was, at the trial term of an action, a wise exercise of discretion to refuse to allow the defendant to open a default, it not appearing that he was by providential cause prevented from filing his defense at the proper time, or that on account of excusable neglect, or for any other good reason, the court should have allowed the default to have been opened on terms. Civil Code, §5072.

2. The present writ of error being palpably without merit, there can be no reasonable conclusion except that it was sued out for delay only, and accordingly damages are awarded in favor of the defendant in error against the plaintiff in error.

Judgment affirmed, with damages.

All the Justices concurring.

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