Harry v. SCENIC HEIGHTS DEVELOPMENT CORPORATION

Quillian, Justice.

W. G. Harry filed an ejectment suit in fictitious form against Scenic Heights Development Corporation in the Meriwether Superior Court on March 7, 1962. Defendant Scenic was served on March 8, 1962, but made no appear anee nor filed any answer. On May 10, 1962, the Judge of Meriwether Superior Court issued an order declaring the matter in default. On May 15, 1962, the defendant filed a motion to vacate said order, to which motion the plaintiff Harry filed his written demurrers, both general and special. The trial judge overruled the demurrers and the plaintiff excepted. Held: