Supreme Court of Georgia, 1917

Segers v. Williams

Supreme Court of Georgia · Decided July 11, 1917 · Gilbert

147 Ga. 146; 93 S.E. 81; 1917 Ga. LEXIS 91

Cases that cite this one

6 later published cases cite this decision.

Franklin v. Sea Island Bank (Ga. Ct. App. 1969)
Department of Transportation v. Great Southern Enterprises, Inc. (Ga. Ct. App. 1976)
NORTON REALTY & LOAN COMPANY, INC. v. Bd. of Ed. of Hall County (Ga. Ct. App. 1973)
Brown v. Cole (Ga. 1943)
Merchants Grocery Co. v. Albany Hardware & Mill Supply Co. (Ga. Ct. App. 1931)
Jones v. Whitehead (Ga. 1929)

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

Gilbert, J.

1. It was not error to overrule the demurrer to the petition to amend a judgment so as-to make it conform to the verdict.

2. A judgment may he amended by order of the court so as to make it conform to the verdict upon which it is predicated, even after the execution is issued. Civil Code (1910), § 5697. The mere lapse of time between the rendition of the judgment and the motion to amend is not sufficient to constitute a bar. Rucker v. Williams, 129 Ga. 828 (60 S. E. 155); 23 Cyc. 877. The judgment rendered in this case did not conform to the verdict, but enlarged thereon; and. therefore it was not error to amend the same, as was done by the trial court.

3. The court did not err in refusing to further amend the judgment, the '■ judgment as amended being in conformity with the legal effect and necessary construction of the verdict.

Judgment on each hill of exceptions affirmed.

All the Justices concur.

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