Mathews v. Mathews

Evans, Judge.

John Mathews brought his complaint in the Civil and Criminal Court of Clayton County, Civil Division, against Tena Mathews, in paragraph 2 of which he alleged, “that defendant is indebted to plaintiff in the sum of $588.00, overpayment of support money case #5635, Clayton Superior Court,” and as to which a default judgment was rendered; which judgment, on motion of the defendant, was set aside by the Judge of the Civil and Criminal Court of Clayton County. The plaintiff appeals from that judgment. Held:

While the motion to set aside the judgment was, in effect, a motion to dismiss…