Supreme Court of Georgia, 1867

Thornton v. Hollis

Supreme Court of Georgia · Decided December 15, 1867 · Walker

36 Ga. 595

Cases that cite this one

1 later published case cites this decision.

Sprung v. Negwer Materials, Inc. (Mo. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Walker, J.

The granting of a new trial or an appeal upon an application like this, was a matter very much within the discretion of the Court below. The Court may grant a new trial or appeal if satisfied from all the facts that a good and meri*597torious defence exists. Acts 1865-T, p. 87. In this case he might well doubt whether any defence at all existed, and therefore he might very properly refuse the application to open the judgment. A reviewing Court should control the discretion of the Court below only in cases where the discretion has been abused.

Judgment affirmed.

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