Legal Opinion

Wellcraft Manufacturing, Inc. v. Troutman

Court of Appeals of Georgia

Decided February 12, 1971No. 45668PublishedCited by 3 opinions

1Opinion of the Court

Bell, Chief Judge.

1. The motion to dismiss the appeal is denied. See Steadham v. State, 224 Ga. 78 (1) (159 SE2d 397) and Code Ann. § 6-809 (b).

2. The issue presented is whether error was committed by the trial court in allowing the defendant to open a default. Defendant argues that the opening was correct because the "trial court lacked jurisdiction over the subject matter which was an equitable action against appellee.” If the court did lack jurisdiction over the subject matter, the only action the trial court could take was to dismiss the case. McDowell v. McDowell, 194 Ga. 88, 93 (20 SE2d…

2Cases cited4 opinions

  1. McDowell v. McDowellSupreme Court of Georgia · 1942
  2. Steadham v. State of GeorgiaSupreme Court of Georgia · 1968
  3. Regal Textile Company v. FeilSupreme Court of Georgia · 1940
  4. Henderson v. CurtisSupreme Court of Georgia · 1938

3Cited by3 opinions

  1. Stewart v. Gainesville Glass Co.Court of Appeals of Georgia · 1974
  2. Bagwell v. ParkerCourt of Appeals of Georgia · 1987
  3. Stewart v. Gainesville Glass Co.Court of Appeals of Georgia · 1974

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