Buchanan v. Nash , 211 Ga. 343 ( 1955 )

Candler, Justice,

concurring specially. I concur in the judgment of reversal, but for a reason different from the one stated in the opinion. The movants did not allege that they had a meritorious defense; this being so, the amended motion was fatally defective and the general demurrer which the plaintiff interposed thereto should have been sustained by the trial judge. A court will not do the vain and useless act of vacating a verdict and setting aside a judgment when the same result will in all probability be reached on another trial. Phillips v. Taber, 83 Ga. 565 (10 S. E. 270); Johnson v. Driver, 108 Ga. 595 (34 S. E. 158); Roberts v. Moore, 113 Ga. 170 (38 S. E. 402); Jewell v. Martin, 121 Ga. 325 (48 S. E. 529); Dorsey v. Griffin, 173 Ga. 802 (161 S. E. 601). Since the amended motion was demurrable and should have been dismissed on general demurrer, all subsequent proceedings taken in the case are nugatory.