First National Insurance Co. of America v. Thain

Eb^rhardt, Judge.

1. Both parties agree that the case was in default at the time the motion to reopen was filed, although different reasons are advanced. Defendant’s motion to reopen, as amended, alleged “excusable neglect” on its part, one of the grounds for opening a default under Code Ann. § 110-404. The plaintiff’s general demurrer to the motion was sustained, the effect of which was to rule that the motion did not set out any excusable neglect on the defendant’s part. Thus, the discretion which the trial judge is said to have by virtue of Code § 110-404, as amended, does not come into…