AMERICAN STOVE COMPANY v. Belcher

American. Stove Company filed a suit against J. M. Belcher, in Bulloch Superior Court, on November 26, 1951, for alleged damages to an automobile; and the defendant was served personally with a copy of the suit on November 27, 1951. The defendant failed to answer within the time provided by law; but, on January 22, 1952, 56 days after he had been served with the suit, he filed an answer and affidavit seeking to have the default opened. See Code (Ann. Supp.), §§ 110-401, 110-404. The suit was returnable to the January term of said court, and, on February 5, 1952, after a hearing, the trial…