Legal Opinion
Jenkins v. Whittier Mills Co.
Court of Appeals of Georgia
Decided September 18, 1917No. 8481, 8526PublishedCited by 11 opinions
Action for damages; from city court of Atlanta—Judge Beid. January 27, 1917.
1Opinion of the CourtLuke, J.
1. Where a defendant is duly served and fails to appear or plead within the time prescribed by law, an entry by the judge of the sole word “default,” upon that part of the appearance docket which is devoted to the ease is a sufficient compliance with the requirements of the Civil Code (1910), §§ 5653, 5661. Browner v. Maddox, 1 Ga. App. 332 (4) (58 S. E. 278).
(а) Whether or not in the city court of Atlanta an entry of default can ever be legally necessary, or anything more than a mere memorandum for the convenience of the judge, is a question not now presented for decision; but see: Dodson…
2Cases cited4 opinions
- Brawner v. MaddoxCourt of Appeals of Georgia · 1907
- Dodson Printers Supply Co. v. HarrisSupreme Court of Georgia · 1902
- Florida Central Railroad v. LukeCourt of Appeals of Georgia · 1912
- Thurmond v. Groves & Co.Supreme Court of Georgia · 1906
3Cited by11 opinions
- Morris v. MorrisCourt of Appeals of Georgia · 1950
- Potts v. SMITH GRAIN COMPANY, INC.Court of Appeals of Georgia · 1959
- Daniel v. Nixon & WrightCourt of Appeals of Georgia · 1917
- Bridges v. Wilmington Savings BankCourt of Appeals of Georgia · 1926
- Gregg v. FitzpatrickCourt of Appeals of Georgia · 1936
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