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97 Ga. 379

King v. Meyer

Supreme Court of Georgia

Decided December 2, 1895

Supreme Court of Georgia · decided 1895-12-02

Motion to set aside judgment. Before Judge Yan Epps. City court of Atlanta. March term, 1895. On February 12, 1895, an attachment was sued out, returnable to the next March term of the city court, and was levied by service of garnishment. On the first day of the March term, the plaintiffs filed their declaration for damages from a breach of contract. Two days later they took a verdict and judgment as by default, for the amount sued for.

Cited by 1 later decisions — most recently January 1918

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1895-12-02

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Atkinson, J.

¶1An examination of the record does not disclose that there was any abuse of discretion in setting aside the verdict and judgment obtained by the plaintiffs in error in the court below at the same term at which they were rendered. Whether the case was, or was not, legally ripe for trial, it is manifest that, under the rules of practice prevailing in that court, the case was tried prematurely, and the verdict and judgment improvidently allowed. Judgment affirmed.

W. II. Terrell and Glenn & Rountree, for plaintiffs.Candler & Thomson, for defendants.
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