Daniel v. Nixon & Wright
Court of Appeals of Georgia
Complaint; from city court of Millen — Judge Dekle. January 19, 1917. Nixon & Wright filed suit against Mrs. Estelle P. Daniel on certain promissory notes aggregating $3,129.75 principal, returnable to the April quarterly term, 1916, of "the city court of Millen, which convened April 17, 1916. No plea or answer was filed by Mrs. Daniel before or during the return term of the court, and the case was marked “in default” by the presiding judge upon the call of the docket during…
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Complaint; from city court of Millen — Judge Dekle. January 19, 1917. Nixon & Wright filed suit against Mrs. Estelle P. Daniel on certain promissory notes aggregating $3,129.75 principal, returnable to the April quarterly term, 1916, of "the city court of Millen, which convened April 17, 1916. No plea or answer was filed by Mrs. Daniel before or during the return term of the court, and the case was marked “in default” by the presiding judge upon the call of the docket during the absence of counsel for the plaintiffs under a leave from the court. The default entry was dated April 17, 1916. On…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) There is no controversy between counsel .upon the proposition that the city court of Millen was without power to enter judgments of default. This is conceded by counsel on both sides. The provisions of the Civil Code (1910), § 5656, relative to the opening of default at the trial term, on cause shown, do not have application to suits in those courts wherein judgment may be taken at the first term. Jenkins v. Whittier Mills Co., 20 Ga. App. 828 (93 S. E. 530); Thurmond v. Groves, 126 Ga. 779 (55 S. E. 915). Even in a suit where a default judgment might be…
2Cases cited9 opinions
- Bass v. DoughtyCourt of Appeals of Georgia · 1909
- Dodson Printers Supply Co. v. HarrisSupreme Court of Georgia · 1902
- Hall v. TiedemanSupreme Court of Georgia · 1914
- Jenkins v. Whittier Mills Co.Court of Appeals of Georgia · 1917
- Glass v. AllenSupreme Court of Georgia · 1913
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3Cited by5 opinions
- Sherman v. StephensCourt of Appeals of Georgia · 1923
- Lewis v. State Board of Medical ExaminersCourt of Appeals of Georgia · 1919
- Bridges v. Wilmington Savings BankCourt of Appeals of Georgia · 1926
- Cobb v. BurgamyCourt of Appeals of Georgia · 1929
- Strother v. HarperCourt of Appeals of Georgia · 1927