Supreme Court of Georgia, 1889

Whaley v. Cooper & Co.

Whaley v. Cooper & Co.
Supreme Court of Georgia · Decided February 20, 1889 · Simmons
82 Ga. 72; 8 S.E. 870

Whaley v. Cooper & Co.

Opinion of the Court

Simmons, Justice.

There was no error in overruling the motion to set aside the judgment in this case. It was a matter within the discretion of the court, and we do not think the court in this case abused that discretion. If the plaintiff in error had a good ground of continuance at the term at which the verdict was rendered against him on the notes, and the court refused to continue, he should *76have filed his bill of exceptions at that term, and should not have waited until the next term of court and then moved to set aside the judgment.

Judgment affirmed.

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