Morris Plan Bank of Georgia v. Hadsall

Duckworth, Presiding Justice.

1. Under the provisions of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U. S. C. A., § 520, cumulative part), a prerequisite to taking a default judgment against a person in the military service is an affidavit by the plaintiff showing that the defendant is not in the military service, or other action therein specified.

2. Under the above act, a default judgment taken without complying with the above requirement may be set aside on motion of the service man if made within 90 days from the date of his release from service.

3. Such a judgment, however, is…