Axelroad v. Preston

Ingram, Justice.

This sole question presented for decision in this certified appeal is whether the trial court abused its discretion in granting defendant’s motion to open the default in this equity case prior to final judgment.

The facts upon which the trial court exercised its statutory discretion and opened the default are these: Plaintiffs complaint was served upon defendant on June 22, 1973, requiring an answer within thirty days thereafter under Code Ann. § 81A-112 (a). Defendant’s counsel had been stricken with acute cardiac infection on June 5,1973, which required him to be hospitalized…