Whitlock v. Wilson

Court of Appeals of Georgia

Whitlock v. Wilson

54 S.E.2d 474, 79 Ga. App. 747, 1949 Ga. App. LEXIS 736

Court of Appeals of Georgia·Decided July 2, 1949·No. 32432.·Published·Cited by 18 cases

Opinions

Worrill, J.

Courts of record retain full control over orders and judgments during the term at which they were made, and, in the exercise, of a sound discretion, may revise or vacate them. Such discretion will not be controlled unless manifestly abused. Bowen v. Wyeth, 119 Ga. 687 (46 S. E. 823); Tate v. Little, 141 Ga. 799 (82 S. E. 129); Gaines v. Gaines, 169 Ga. 432 (150 S. E. 645). During the term of court at which a judgment is rendered the court has power, on its own motion, to vacate the same for irregularity, or because it was improvidently or inadvertently entered. Athens Apartment Corp. v. Hill, 156 Ga. 437, 443 (119 S. E. 631). The superior court,'as a general rule, has plenary *748 power over its orders and judgments during the term at which they were rendered, and may amend, correct, or revoke them for the purpose of promoting justice. Gobles v. Hayes, 194 Ga. 297, 300 (21 S. E. 2d, 624). A motion to set aside and vacate a judgment cannot be determined by any fixed rule, but depends on the circumstances of the case, and exercise of the power to vacate a judgment rendered during the term will not be controlled on review unless abused. Deen v. Baxley State Bank, 192 Ga. 300, 303 (15 S. E. 2d, 194). The plenary control of the court over orders and judgments during the term at which they were rendered extends to all orders and judgments save those which are founded upon verdicts. East Side Lumber &c. Co. v. Barfield, 193 Ga. 273, 277 (18 S. E. 2d, 492). See also Allison v. Garber, 50 Ga. App. 333 (178 S. E. 158); M. E. Church South v. Decell, 60 Ga. App. 843, 849 (5 S. E. 2d, 66); Berkeley v. State, 74 Ga. App. 711 (41 S. E. 2d, 265), and cits.

Decided July 2, 1949. Rehearing denied July 27, 1949.

Under the rulings in the foregoing cases we cannot say that the court abused its discretion and erred in overruling the motion to dismiss, and in entering an order setting aside and vacating the judgment.

This case was considered by the whole court as provided by the act approved March 8, 1945 (Ga. L. 1945, p. 232).

Judgment affirmed.

'Sutton, C. J., MacIntyre, P. J., Gardner and Townsend, JJ., concur. Felton, J., dissents.

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Worrill, J.

Courts of record retain full control over orders and judgments during the term at which they were made, and, in the exercise, of a sound discretion, may revise or vacate them. Such discretion will not be controlled unless manifestly abused. Bowen v. Wyeth, 119 Ga. 687 (46 S. E. 823); Tate v. Little, 141 Ga. 799 (82 S. E. 129); Gaines v. Gaines, 169 Ga. 432 (150 S. E. 645). During the term of court at which a judgment is rendered the court has power, on its own motion, to vacate the same for irregularity, or because it was improvidently or inadvertently entered. Athens Apartment Corp. v. Hill, 156 Ga. 437, 443 (119 S. E. 631). The superior court,'as a general rule, has plenary *748 power over its orders and judgments during the term at which they were rendered, and may amend, correct, or revoke them for the purpose of promoting justice. Gobles v. Hayes, 194 Ga. 297, 300 (21 S. E. 2d, 624). A motion to set aside and vacate a judgment cannot be determined by any fixed rule, but depends on the circumstances of the case, and exercise of the power to vacate a judgment rendered during the term will not be controlled on review unless abused. Deen v. Baxley State Bank, 192 Ga. 300, 303 (15 S. E. 2d, 194). The plenary control of the court over orders and judgments during the term at which they were rendered extends to all orders and judgments save those which are founded upon verdicts. East Side Lumber &c. Co. v. Barfield, 193 Ga. 273, 277 (18 S. E. 2d, 492). See also Allison v. Garber, 50 Ga. App. 333 (178 S. E. 158); M. E. Church South v. Decell, 60 Ga. App. 843, 849 (5 S. E. 2d, 66); Berkeley v. State, 74 Ga. App. 711 (41 S. E. 2d, 265), and cits.

Decided July 2, 1949. Rehearing denied July 27, 1949.

Under the rulings in the foregoing cases we cannot say that the court abused its discretion and erred in overruling the motion to dismiss, and in entering an order setting aside and vacating the judgment.

This case was considered by the whole court as provided by the act approved March 8, 1945 (Ga. L. 1945, p. 232).

Judgment affirmed.

'Sutton, C. J., MacIntyre, P. J., Gardner and Townsend, JJ., concur. Felton, J., dissents.

Whitlock v. Wilson, 54 S.E.2d 474, 79 Ga. App. 747, 1949 Ga. App. LEXIS 736 (Ga. Ct. App. 1949).

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