O.C.G.A.

O.C.G.A. § 23-2-1 (2019)

When equity will set aside judgment

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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 Repealed by Ga.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

Annotations

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.

Notes of Decisions

Cited in 5 cases, 1983–2012 · leading case: Lee v. Restaurant Mgmt. Servs., 503 S.E.2d 59 (Ga. Ct. App. 1998).

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Lee v. Restaurant Mgmt. Servs., 503 S.E.2d 59 (Ga. Ct. App. 1998). · cites it 2× “2 OCGA §§ 23-2-1; 9-3-21. 3 See, e.g., Marsh v.”

Automated Med. Servs., Inc. v. Holland, 303 S.E.2d 127 (Ga. Ct. App. 1983). · cites it 2× “§ 37-220 (now OCGA § 23-2-1). “Moreover, the burden is on the one contending that no notice, or improper notice, was given to show error affirmatively by the record.”

Capitol Funds, Inc., A/K/A Skyland Inv. Co., Inc., Cross-Appellant v. Arlen Realty, Inc., Cross-Appellee, 755 F.2d 1544 (11th Cir. 1985). “O.C.G.A. § 23-2-1. The tenant argues that § 7(a) gives the tenant the obligation to maintain the continuing operation of the center but not to replace substantial portions of the premises which wear out notwithstanding ordinary maintenance.”

Marsh v. Way, 343 S.E.2d 686 (Ga. 1986). · cites it 2× “Where a judgment is subject to be set aside in equity, the court may grant such other and further relief, legal or equitable, as may be necessary to afford complete relief.”

Atlanta Falcons Football Club LLC v. Nat'l Football League Players Ass'n, 906 F. Supp. 2d 1278 (N.D. Ga. 2012). “Code § 23-2-1(c)(a)). This case does not represent a dominant and explicit public policy that counsels against confirming the Award.”

— 23-2-1(c)(a) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.