Supreme Court of Georgia, 1896

Cooley v. Tybee Beach Co.

Supreme Court of Georgia · Decided August 3, 1896

99 Ga. 290; 25 S.E. 691

Cases that cite this one

12 later published cases cite this decision.

Hunter v. Gillespie (Ga. 1951)
Utilicom Supply Associates, LLC. v. Terra Tech, Inc. (Ga. Ct. App. 2021)
Rhonehouse v. Jetspra, Inc. (Ga. Ct. App. 1967)
R. H. Macey & Co. v. Chancey (Ga. Ct. App. 1967)
Carolina Tree Service, Inc. v. Cartledge (Ga. Ct. App. 1957)
Tucker v. American Surety Co. Of New York (5th Cir. 1951)
Allison v. Garber (Ga. Ct. App. 1935)
Cahoon v. Wills (Ga. 1934)
Berrien County Bank v. Alexander (Ga. 1922)
McMillan v. Barton (Ga. Ct. App. 1916)
Lamb v. McElwaney (Ga. 1915)
Jolly v. McAdams (Ga. 1911)

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.