Austell Bank v. National Bondholders Corp.

Bell, Justice.

1. Where, in a suit in a superior court, the trial judge, at the appearance term, entered upon his docket the words “In default, unless defensive pleadings filed . . in 60 days,” such entry was not *758such an unconditional judgment of “in default” as would prevent the filing of defensive pleadings until it was opened. Accordingly, an answer' filed within the stated period of sixty days was not subject to be stricken on the ground that the case was in default; and this is true notwithstanding the time allowed piay have extended beyond the term, and regardless of whether the judge…