Hughes v. Powell

Smith, Judge.

Appellant brought an action on a check. Appellee filed an answer, but failed to appear in court. On September 18, 1978, the trial court entered a default judgment against appellee. On November 9,1978, during a subsequent term of court (see Ga. L. 1964, pp. 2032, 2036), the trial court vacated its judgment and, on April 4,1979, entered judgment on the merits in favor of appellee. We reverse.

1. With few exceptions, a judgment may not be set aside beyond the term in which it is rendered. Kiplinger v. Nature Island, Inc., 149 Ga. App. 103, 104 (253 SE2d 569) (1979); CPA § 60 (Code…