Supreme Court of Georgia, 1908

James v. Equitable Mortgage Co.

James v. Equitable Mortgage Co.
Supreme Court of Georgia · Decided February 7, 1908 · Evans
130 Ga. 87; 60 S.E. 258; 1908 Ga. LEXIS 235

James v. Equitable Mortgage Co.

Opinion of the Court

Evans, P. J.

A judgment may be set aside on motion in a proper ease; but tlie movant can not, in a single proceeding, liave three separate and distinct judgments vacated. Accordingly, where three fi. fas. are levied on the same land, and to each levy a claim is filed by the same person, and an order is taken to consolidate and try the different cases as one case, and a verdict is rendered finding the property subject to each fi. fa., upon which verdict separate judgments are entered, a motion to set aside the three judgments is properly dismissed.

Judgment affirmed,

All the Justices concur.

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