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2018 Georgia Code 23-2-1 | Car Wreck Lawyer

TITLE 23 EQUITY

Section 2. Grounds for Equitable Relief, 23-2-1 through 23-2-136.

ARTICLE 1 GENERAL PROVISIONS

23-2-1. When equity will set aside judgment.

Reserved. Repealed by Ga. L. 1986, p. 294, § 3, effective March 26, 1986.

Editor's notes.

- This Code section was based on Orig. Code 1863, § 3062; Code 1868, § 3074; Code 1873, § 3129; Code 1882, § 3129; Civil Code 1895, § 3988; Civil Code 1910, § 4585; Code 1933, § 37-220.

RESEARCH REFERENCES

ALR.

- Right of infant to set aside consent judgment in action for personal injuries, 20 A.L.R. 1249.

Nonresidence of one or both parties as affecting jurisdiction of court of suit or proceeding to annul divorce decree rendered in same state, 33 A.L.R. 469.

Mental incompetency at the time of rendition of judgment in civil action as ground of attack upon it, 34 A.L.R. 221, 140 A.L.R. 1336.

Criterion of extrinsic fraud as distinguished from intrinsic fraud, as regards relief from judgment on ground of fraud, 88 A.L.R. 1201.

Retention of jurisdiction in suit in equity to determine whole controversy, including amount of loss or damage, after setting aside an award or finding by arbitrators or appraisers, 112 A.L.R. 9.

'Rightness' of judgment as open for consideration in suit in equity to complete or effectuate it, 139 A.L.R. 1507.

Constructive service of process in action against nonresident to set aside judgment, 163 A.L.R. 504.

Misinformation by judge or clerk of court as to status of case or time of trial or hearing as ground for relief from judgment, 164 A.L.R. 537.

Power of successor judge taking office during termtime to vacate, etc., judgment entered by his predecessor, 11 A.L.R.2d 1117.

Setting aside default judgment for failure of statutory agent on whom process was served to notify defendant, 20 A.L.R.2d 1179.

Right of successful party to have judgment in his favor vacated or set aside on grounds of mistake, inadvertence, excusable neglect, or the like, 40 A.L.R.2d 1127.

Appealability of order vacating, or refusing to vacate, approval of settlement of infant's tort claim, 77 A.L.R.2d 801.

Consent as ground of vacating judgment, or granting new trial, in civil case, after expiration of term or time prescribed by statute or rules of court, 3 A.L.R.3d 1191.

Opening default or default judgment claimed to have been obtained because of attorney's mistake as to time or place of appearance, trial, or filing of necessary papers, 21 A.L.R.3d 1255.

Liability insurer's right to open or set aside, or contest matters relating to merits of, judgment against insured, entered in action in which insurer did not appear or defend, 27 A.L.R.3d 350.

Fraud in obtaining or maintaining default judgment as ground for vacating or setting aside in state courts, 78 A.L.R.3d 150.

Cases Citing Georgia Code 23-2-1 From Courtlistener.com

Total Results: 2

Marsh v. Way

Court: Supreme Court of Georgia | Date Filed: 1986-05-29

Citation: 343 S.E.2d 686, 256 Ga. 46, 1986 Ga. LEXIS 699

Snippet: be necessary to afford complete relief." OCGA § 23-2-1 provides: "Equity will interfere to set aside a

Herring v. Ferrell

Court: Supreme Court of Georgia | Date Filed: 1974-10-08

Citation: 209 S.E.2d 599, 233 Ga. 1, 1974 Ga. LEXIS 654

Snippet: parties.” 3B Moore, Federal Practice (2d Ed.), § 23.02-1, p. 23-121. "The 'true class suit’ is one wherein