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79 Ga. App. 747

54 S.E.2d 474

Whitlock v. Wilson

Court of Appeals of Georgia

Decided July 2, 1949

Court of Appeals of Georgia · decided 1949-07-02

Relies on Deen v. Baxley State Bank · Bowen v. Wyeth · Gobles v. Hayes

Good law ✅— No negative treatment on recordhow we know

Decided 1949-07-02

How this case has been cited

Cited by 15 later decisions — most recently April 2003

15 state decisions

601949195019601970198019902000decided

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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Worrill, J.

¶1 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.

¶2 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.

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

¶4 Judgment affirmed.

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