Thornton v. Hollis

Supreme Court of Georgia

Thornton v. Hollis

36 Ga. 595

CourtSupreme Court of Georgia

DecidedDecember 15, 1867

StatusPublished

Cited by2 cases

This text of 36 Ga. 595 (Thornton v. Hollis) 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

Thornton v. Hollis, 36 Ga. 595 (Ga. 1867).

Pincite

Opinion

Walker, J.

The granting of a new trial or an appeal upon an application like this, was a matter very much within the discretion of the Court below. The Court may grant a new trial or appeal if satisfied from all the facts that a good and meri[597]*597torious defence exists. Acts 1865-T, p. 87. In this case he might well doubt whether any defence at all existed, and therefore he might very properly refuse the application to open the judgment. A reviewing Court should control the discretion of the Court below only in cases where the discretion has been abused.

Judgment affirmed.

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Walker, J.

The granting of a new trial or an appeal upon an application like this, was a matter very much within the discretion of the Court below. The Court may grant a new trial or appeal if satisfied from all the facts that a good and meri[597]*597torious defence exists. Acts 1865-T, p. 87. In this case he might well doubt whether any defence at all existed, and therefore he might very properly refuse the application to open the judgment. A reviewing Court should control the discretion of the Court below only in cases where the discretion has been abused.

Judgment affirmed.

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Bluebook (online)

36 Ga. 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-hollis-ga-1867.

Opinion

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