Legal Opinion
Wallis v. McMurray
Court of Appeals of Georgia
Decided March 1, 1955No. 35566PublishedCited by 7 opinions
1Opinion of the CourtTownsend, J.
1. Where a case is in default and no motion to open the default has been made within a 15-day period thereafter, as provided by Code (Ann. Supp.) § 110-401, it is discretionary with the trial court to permit the default to be opened after such time but before final judgment, on compliance with Code (Ann. Supp.) § 110-404, but such discretion must be exercised in accordance with law. Green v. Whitehead, 204 Ga. 274 (49 S. E. 2d 527). One of the provisions of this latter Code section is that the showing “shall set up a meritorious defense.” The defendant’s petition to open the default in this…
2Cases cited7 opinions
- Hargroves v. CookeSupreme Court of Georgia · 1854
- Redmond & Co. v. Atlanta & Birmingham Air-Line RailwaySupreme Court of Georgia · 1907
- Green v. WhiteheadSupreme Court of Georgia · 1948
- Norman & Harrell v. Great Western Tailoring Co.Supreme Court of Georgia · 1905
- McMURRIA MOTOR CO. INC. v. BishopCourt of Appeals of Georgia · 1952
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Global Associates, Inc. v. Pan American Communications, Inc.Court of Appeals of Georgia · 1982
- Godfrey v. Home Stores, Inc.Court of Appeals of Georgia · 1960
- SHAEF CHEMICAL CO., INC. v. CookCourt of Appeals of Georgia · 1962
- Owen v. Piel Paint Co.Court of Appeals of Georgia · 1959
- Watts v. OakesCourt of Appeals of Georgia · 1979
2 more not listed; retrieve them via the Exa API.