COMMERCIAL NATIONAL BANK OF CEDARTOWN v. Chapman

Almand, Justice.

Mrs. Ruth Nichols Chapman, as administratrix of the estate of V. S. Chapman, filed an. equitable petition against Commercial National Bank of Cedartown and another. No answer having been filed by the defendant bank within the statutory time, counsel for the plaintiff made an oral motion to enter judgment in her favor when the case was called for trial. This motion was overruled, and on writ of error to this court such order was reversed. 208 Ga. 593 (68 S. E. 2d, 603). Subsequently, there came on to be heard (1) a plea in abatement and traverse of the sheriff’s return of…