R. H. Macey & Co. v. Chancey

I cannot agree, under the facts of this case, that we can say as a matter of law that the trial judge abused his discretion in setting aside the default judgment. I would affirm.

While I .agree that Code Ann. § 110-404 is not applicable here and that the discretion of the trial court to open a default is greater before final judgment than after, we have here a motion to vacate a default judgment made at the same term of court, and in such situation the trial court retains plenary control over the judgment and it may be set aside for any legal and satisfactory reason.

“Until the final…