Cooper v. Pete Buckley & Co.

Bell, Chief Judge.

Plaintiff sued on an open account. Defendant was served but filed no defensive pleadings. A judgment by default was entered. The complaint described the defendant as "Joseph R. Cooper, d/b/a The Athletic Comer of Tucker, Georgia.” Attached to the complaint were account cards which showed that the account was the debt of "The Athletic Comer” of Tucker, Georgia. After the entry of the default judgment, defendant filed a motion to amend the judgment to conform to the pleadings or alternatively to set aside the judgment. In support of the motion defendant attached his affidavit…