121 Ga. 325 | Ga. | 1904
There was pending in Dawson superior court a certain case in which J. E. Martin wa¡? plaintiff and C. S. Jewell, W. J. Taylor, and J. E. Murphy were defendants. At the February term, 1903, of that court a verdict and decree in favor of the plaintiff were rendered. Subsequently 0. S. Jewell presented
The plaintiff in the original suit demurred to the sufficiency of the grounds of this motion to set aside the verdict and judgment, and also filed an answer denying the essential ■ allegations of fraud therein contained, upon which the movant based his right to have the verdict and judgment vacated. This motion came on to, be heard at the February term, 1904, of Dawson Superior court, and after argument the demurrer to the motion was sustained. Movant excepts to this judgment sustaining the demurrer to his motion.
One of the essential allegations of a motion to set aside a judgment is that the movant had a meritorious defense; and the facts constituting such defense must be set forth distinctly. Phillips v. Taber, 83 Ga. 572, and cit. The court was unable to determine this question, from the allegations of the motion, for the reason that the petition in the original suit was neither attached to nor its contents set forth substantially in the motion. While the court sustained the demurrer generally, if the motion was fátal in
Judgment affirmed.