Cooley v. Tybee Beach Co.

Supreme Court of Georgia
Cooley v. Tybee Beach Co., 99 Ga. 290 (Ga. 1896)
25 S.E. 691

Cooley v. Tybee Beach Co.

Opinion of the Court

Atkinson, J.

1. Until the final adjournment of the term at which a judgment by default has been entered, the court has such control thereof that it may, for any legal and satisfactory reason, set the same aside. It follows that even in a court' where a final judgment may be rendered at the first term, the judge may, in his discretion and upon a proper showing at such *291term, set aside either a judgment by default or a final judgment entered thereon.

August 3, 1896.Motion to set aside judgment. Before Judge MacDonell. City count of Savannah. November term, 1895.O’Connor & O’Byrne, for plaintiff. Garrard, Meldrim & Newman, for defendant.

2. A final judgment in an action for unliquidated damages cannot, in any case, be lawfully entered without the introduction of ■ evidence showing the amount of damages to which the plaintiff is entitled. Judgment affirmed.

Reference

Full Case Name
COOLEY v. TYBEE BEACH COMPANY
Cited By
13 cases
Status
Published