Rhonehouse v. Jetspra, Inc.

Pannell, Judge.

1. Code § 110-404 as amended by Item 21 of the Act of 1946 (Ga. L. 1946, pp. 761, 778) relates solely to the opening of defaults and is not applicable where final judgment has been rendered before the motion to open default and vacate the judgment was filed. Burger v. Dobbs, 87 Ga. App. 88 (73 SE2d 75); Mathews & Co. v. Bishop, 106 Ga. 564 (1) (32 SE 631); O’Connell Bros. v. Friedman, Keiler & Co., 118 Ga. 831 (45 SE 668).

2. Neither the statute nor rules of court which prescribe the conditions upon which a defendant may, as a matter of right, open a default, nor that which…