Guthrie v. Spence
Court of Appeals of Georgia
1Opinion of the CourtBroyles, C. J.
1. Code, §§ 110-402, 110-404, relating to an entry of “default,” have no application to' a case like the instant one where it does not appear that it was marked in '“default,” and where it does appear that a judgment was rendered before the movant filed her motion to set aside the judgment. Schofield’s Sons Co. v. Vaughn, 40 Ga. App. 568 (150 S. E. 569).
2. “A judgment may not be arrested or set a'side for any defect in the pleadings or record that is aided by verdict or amendable as matter of form.” (Italics ours.) Code, § 110-705. “The omission of a prayer for process from a petition is an…
2Cases cited3 opinions
- Schofield's Sons Co. v. VaughnCourt of Appeals of Georgia · 1929
- Barnes-Fain Co. v. ChandlerSupreme Court of Georgia · 1918
- Babcock Bros. Lumber Co. v. HughesCourt of Appeals of Georgia · 1922
3Cited by4 opinions
- Burger v. DobbsCourt of Appeals of Georgia · 1952
- Mills v. QuickCourt of Appeals of Georgia · 1959
- Burger v. DobbsCourt of Appeals of Georgia · 1952
- Simonds v. SimondsCourt of Appeals of Georgia · 1978