Haynes v. Smith

Townsend, Judge.

“The marking of the case in default is a judgment, but not a ‘judgment by default’. At most, it can only be a judgment to the effect that the case is ‘in default’, and in no sense is it a rendition of a final judgment against the defendant in response to the prayers of the petition.” Love v. National Liberty Ins. Co., 157 Ga. 259, 262 (121 S. E. 648). Code (Ann.) § 110-404 provides as follows: “At any time before final judgment, the judge, in his discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of a plea, or for…