McBrayer v. Automobile Finance, Inc.

1. The defendant insists that the judgment was void because the plaintiff obtained a default judgment at the first term and his answer had not been dismissed. The judgment read in part that “The within case having come on regularly for a hearing and after introduction of evidence, it is ordered that the plaintiff have judgment against the defendant.”

The defendant did not attack the recital of fact in the judgment as being false and the judgment must be accepted as true. Although the defendant did not make an appearance, the plaintiff must be presumed to have introduced evidence and the…