McCook v. Beck
Court of Appeals of Georgia
1ConcurrenceEvans, Judge
I agree with all that is said in the majority opinion and add the following: Defendant cites Bedenbaugh v. Burgin, 197 Ga. 175, 180 (28 SE2d 652); and Gaither v. Gaither, 205 Ga. 572 (54 SE2d 600), and appears to contend because of these decisions that the agreement she signed was not binding. These two cases hold that no valid and binding consent can be given prior to the appearance term of court. But the Appearance Term is no longer with us (Code Ann. § 81-1003 — now partially repealed by CPA); and instead we have an "appearance day” which is thirty days after suit has been served. See Code…
2Cases cited2 opinions
- Gaither v. GaitherSupreme Court of Georgia · 1949
- Bedenbaugh v. BurginSupreme Court of Georgia · 1944