Whitsett v. Hester-Bowman Enterprises, Inc.
Court of Appeals of Georgia
1Opinion of the CourtNichols, J.
The plaintiff in error strongly contends that she was entitled to judgment by default against both defendants because the trial court erred in refusing to strike the defensive pleadings filed after the case became in default.
Under the Act of 1946 (Code, Ann. Supp., §§ 110-401 and 110-404) a case to which no defensive pleadings are filed becomes automatically in default on its appearance day. The defendant may, within a 15-day period after the appearance day, automatically reopen the default by paying the costs and' filing his defensive pleadings. After such 15-day period has elapsed the…
Also in this document: Concurrence.
2Cases cited8 opinions
- Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
- Pilgreen v. HansonCourt of Appeals of Georgia · 1954
- Mattox v. Atlanta Enterprises, Inc.Court of Appeals of Georgia · 1955
- Buttersworth v. SwintCourt of Appeals of Georgia · 1936
- Sheraton Whitehall Corp. v. McConnellCourt of Appeals of Georgia · 1953
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Redding v. Sinclair Refining Co.Court of Appeals of Georgia · 1962
- J. D. Jewell, Inc. v. HancockSupreme Court of Georgia · 1970
- Henderson v. BairdCourt of Appeals of Georgia · 1959
- Butts v. Academy of Beauty, Inc.Court of Appeals of Georgia · 1968
- Sarno v. HoffmanCourt of Appeals of Georgia · 1964
14 more not listed; retrieve them via the Exa API.