Colley v. Smith Co.

• Stephens, J.

The plaintiff in error, who was a defendant in the municipal court of Atlanta, having failed to file any plea, or enter an appearance, at the first term as required by the act establishing that court, was in default, but no judgment on the default had been rendered against him. The suit, being against him and *681a eodefendant, who was not in default, was placed on the calendar for trial, and at the time set for trial the defendant in default appeared and offered to plead, tendering an affidavit as required in section 46 of the act as amended, creating the municipal court of…