Anderson Banking Co. v. Chandler

1. The pleas filed by all of the defendants set up a defense of non est factum under the ruling of the Supreme Court in answer to a certified question in this case (151 Ga. 408, 107 S. E. 60), and the trial judge did not err in his charge respecting sueh defense.

2. “ Where the case has never been marked ‘ in default ’ on the doeket, nor any order taken declaring the ease to be ‘in default/ it is error to dismiss an answer to the merits of the cause, filed at a term subsequent to the appearance term, because not filed in time.” Hall v. Tiedeman, 141 Ga. 602 (87 S. E. 868). An entry on the…