Citation Numbers: 49 Ga. 89
Judges: Harvey, McCay
Filed Date: 7/15/1872
Status: Precedential
Modified Date: 1/12/2023
It is with great reluctance that we interfere with the discretion of the Circuit Judge, in the conduct of the business in his Court. But this is a very hard case, and as the plaintiff has, as we think, without any fault of his, been turned out of Court, we feel constrained to reverse Judge Harvey’s ruling. It appears from the plaintiff’s affidavit, that he was detained at home much of the day by providential cause, and that as soon as he got to the Court-house, he went with the activity and industry of a vigilant suitor, to get his witnesses into the Court-house. Had th'e Judge known when he dismissed this case the facts stated in the affidavit, we cannot think he would have refused to lay this case aside until the plaintiff’ could come in. The case was not in its order. True,
Judgment reversed.