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158 Ga. 368

Davis v. Bennett

Supreme Court of Georgia

Decided May 15, 1924

Supreme Court of Georgia · decided 1924-05-15

Cited by 8 later decisions — most recently July 1938

8 state decisions

Relies on Haskens v. State · United States Fidelity & Guaranty Co. v. First National Bank · Malsby & Co. v. Studstill

Good law ✅— No negative treatment on recordhow we know

Decided 1924-05-15

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Hines, J.

¶11. A judge of the superior court has no authority to entertain a motion made in vacation to set aside a judgment of that court; and the judge committed no error in overruling the same. Haskens v. State, 114 Ga. 837 (40 S. E. 997); Chapman v. State, 116 Ga. 598 (42 S. E. 999); Malsby v. Studstill, 127 Ga. 726, 728 (56 S. E. 988); U. S. Fidelity & Guaranty Co. v. First National Bank, 149 Ga. 132 (99 S. E. 529).

¶22. As the motion was overruled, thus treating the same as possessing validity, the proper judgment would have been one of dismissal; but inasmuch as the same result follows from the judgment actually rendered, the judgment will not be reversed.

¶3Judgment affirmed.

All Hie Justices concur.Oliver & Oliver and IF. T. Burlchalter, for plaintiff in error.Hitch, Denmark & Lovett, contra.
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