Maolud v. Keller

Sognier, Judge.

In the proceedings below the trial court upon motion of plaintiff stuck defendants’ answer, dismissed their counterclaim, and entered judgment against them by default. Plaintiffs motion was based on Code Ann. § 24-3341, which authorizes the superior courts to strike a defendant’s answer, or the dismissal of a plaintiffs case, where the party fails to announce ready for trial within three minutes of the call of the case. The Civil Practice Act contains a similar provision (Code Ann. § 81A-141 (b)), and it applies to counterclaims as well. Code Ann. § 81 A-141 (c).

Argued…