Gilham v. STAMM & COMPANY, INC.

Eberhardt, Judge.

A default judgment rendered in a suit on account is subject to a motion to set aside under the Civil Practice Act § 60 (d) (Code Ann. § 81A-160 (d)) at the in stance of an individual defendant sued jointly with a corporate defendant where the sworn itemized statement of the account attached to the complaint affirmatively shows that the items and services were sold and delivered to the corporate defendant only and that no claim in fact exists against the individual defendant from whom recovery is sought for the indebtedness of the corporation — “a clear case of non-liability.”…