Hatcher v. Scarboro

The appellee contends that, his case is controlled by Strickland v. Galloway, 111 Ga. App. 683 (143 SE2d 3). That case has caused considerable comment within the State Bar. It may be due to the fact that many attorneys have been under the misapprehension that the only grounds for opening a default under Code Ann. § 110-404 are for providential cause or for excusable neglect. While rarely used by the trial court and thus rarely found in the reports of our appellate courts, there is a third ground: “. . . or *106where the judge, from all the facts, shall determine that a proper case has been made…