Supreme Court of Georgia, 1896

Cooley v. Tybee Beach Co.

Cooley v. Tybee Beach Co.
Supreme Court of Georgia · Decided August 3, 1896
99 Ga. 290; 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.

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