152 Ga. 363 | Ga. | 1921
(After stating the foregoing facts). Two questions are made: First, whether the suit is one at law or in equity; and second, if in equity, whether the judge had authority in vacation to reopen the judgment and to retax the costs. In an
On the second question: The bill of exceptions recites that a general order was duly entered in term time, authorizing the judge in vacation to enter final decree or judgment in the cause, but the general order referred to is neither specified nor sent up in the record.- Under similar circumstances, this court in Laramore v. McKinzie, 60 Ga. 532, assumed that the full record of the suit in which the judgment or decree was made would show, if present, that some regular order was taken in term providing for making the finding of the award the judgment of the court at chambers. We do not rest our decision alone upon the ruling made in that case. There is in the record (bill of exceptions) enough to show that a general order was taken in term timé, authorizing the judge to enter a final judgment' in the cause in vacation. The taxing of costs is properly a matter for final judgment, and the order was authority to entertain and determine in vacation the motion to retax the costs.
Judgment affirmed.