Mathews & Co. v. Bishop

Bishop sued W. A., Mathews & Co. on account, in the city court of Atlanta, and Mathews was personally served. Upon the call of the casein its order for trial at the first term, there being no appearance for the defendant and no plea or answer filed, verdict and judgment were rendered against the defendant for the, amount of the account. Judgment was also entered up against the surety on defendant's bond to dissolve a garnishment based upon the suit. On the next day, and during the term, Mathews & Co., having paid the costs, filed *565a petition praying the court “to open the default, and to set…