Southern Discount Co. v. Cooper

Evans, Judge.

Southern Discount Company sued Willie C. Cooper, Patricia Cooper and Doris Cooper for the balance due on a promissory note made under the Georgia Industrial Loan Act. A default judgment was awarded the plaintiff and garnishment proceedings were filed. Defendants then filed a motion to vacate and set aside the judgment because of a nonamendable defect appearing on the face of the complaint, which, they contend, rendered the the judgment null and void. The court granted the motion to set aside the judgment, and in its order there appears the following: "The Plaintiffs Complaint did…