# Lovett v. Vickers Bros.

> Court of Appeals of Georgia · November 6, 1919 · 24 Ga. App. 407

URL: https://www.frixlaw.com/law-library/cases/5611866

## Case

- **Full name:** Lovett v. Vickers Brothers
- **Court:** Court of Appeals of Georgia
- **Decided:** November 6, 1919
- **Citations:** 24 Ga. App. 407; 100 S.E. 755; 1919 Ga. App. LEXIS 690
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Smith
- **Judges:** Smith
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5611866

## Opinion text

Smith, J.
This was a statutory motion to set aside a default judgment. Civil Code (1910), §§ 4358, 5958. It not affirmatively appearing on the face of the motion, or from the evidence submitted on the hearing, that the motion was made in term time, and this being essential to the validity of such a motion, it should have been dismissed; and the order of the court overruling the motion will be construed as a dismissal. Bedgood v. Floyd, 20 Ga. App. 617 ( 93 S. E. 218 ).
Judgment affirmed.
Jenloms, P. J., and Stephens, J., concur.
Motion to set aside judgment; from city court of Nashville— Judge Lovett. March 10,1919.
J. W. Powell, for plaintiff in error.
Story & Story, contra.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5611866. Public record. Not legal advice.