Fudge v. Weissinger

Carley, Judge.

Appellant-plaintiffs brought suit on account against appellee-defendant and two others who are not parties to this appeal. Attached *410to the complaint was a statement of services rendered, which named only the other two defendants. Appellee failed to answer and the trial court entered a default judgment against him. Pursuant to OCGA § 9-11-60 (d) and Gilham v. Stamm & Co., 117 Ga. App. 846 (162 SE2d 248) (1968), however, appellee filed a motion to set aside the default judgment, which was granted by the trial court. At the subsequent bench trial, the trial court granted appellee’s…