Legal Opinion

Fraser v. Neese

Supreme Court of Georgia

Decided February 25, 1927No. Nos. 5432, 5433PublishedCited by 3 opinions

1Opinion of the CourtAtkinsojt, J.

1. If on the call of the appearance docket at the appearance term a case is called in which the defendant has filed no demurrer, plea, or answer, and the judge marks the case on the docket “in default,” such entry by the judge on the docket is a judgment that the case is in *844default. Love v. National Liberty Insurance Co., 157 Ga. 259, 262 (121 S. E. 648) ; Civil Code (1910), § 5653.

2. If after sueli entry by the judge the clerk of the court during the same term, without direction or authority from the judge, erases the entry “in default” on the docket by drawing a line through it, such action…

2Cases cited5 opinions

  1. Love v. National Liberty InsuranceSupreme Court of Georgia · 1924
  2. Chero-Cola Bottling Co. v. Southern Express Co.Supreme Court of Georgia · 1920
  3. Caldwell v. FreemanSupreme Court of Georgia · 1917
  4. Avery & Co. v. SorrellSupreme Court of Georgia · 1924
  5. Fitzgerald v. FerranSupreme Court of Georgia · 1924

3Cited by3 opinions

  1. First National Insurance Co. of America v. ThainCourt of Appeals of Georgia · 1962
  2. Burson v. LunsfordCourt of Appeals of Georgia · 1936
  3. Gregg v. FitzpatrickCourt of Appeals of Georgia · 1936

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