Kiplinger v. Oliver

Hall, Justice.

The appellants sued the appellee in the State Court of DeKalb County on a note. The appellee filed pleadings to the merits (answer and motion to dismiss for failure to state a claim). There was no appearance at trial and a default judgment was entered. The trial court set aside the judgment on the ground that appellee was not notified of the date of the trial. At the second trial, appellee again did not appear, and a second default judgment was entered. The trial court set aside the second default judgment on the ground that appellee had a new attorney and his name had not been…