Robinson v. Carmichael

Decided June 23, 1910

Supreme Court of Georgia · decided 1910-06-23

Petition for injunction, etc. Before Judge Pendleton. Fulton superior court. The plaintiff instituted suit to set aside a judgment and enjoin the enforcement of an execution, upon the ground that it was obtained by accident, as shown by the following facts: The suit in which the judgment was obtained was filed on August 18, 1908, returnable to the September term of the city court of Atlanta.

Relies on Ayer v. James · Howell v. Ware & Harper

Good law ✅— No negative treatment on recordhow we know

Decided 1910-06-23

How this case has been cited

Cited by 7 later decisions — most recently October 1947

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Atkinson, J.

¶1The injunction should have been granted. The ease differs

¶2from that of Ayer v. James, 120 Ga. 578 (48 S. E. 154), and the cases therein cited, all being from courts where the dockets were not so crowded as were those of the city court of Atlanta, and where the practice óf assignment of cases was not the same. It was more, like the case of Howell v. Ware & Harper, 133 Ga. 674 (66 S. E. 884), where a proceeding, to set aside a judgment rendered by default in the city court of Atlanta, on the ground that the sudden illness of counsel had prevented him from filing a defense until the time for filing defenses had was held not io be demurrable.

¶3Judgment re versed.

All the Justices concur.Moore & Branch, for plaintiff.Lowndes Calhoun, for defendants.