Hall v. Holman

Russell, 0. J.

1. Whether a judgment by default will be set aside or not is a question addressed to the sound discretion of the court by which it was rendered, and this court will not, as a general rule, interfere, unless such discretion has been grossly abused. Lambert v. Smith, 57 Ga. 25; Butler v. Strickland-Tillman Hardware Co., ante, 193.

2. That the defendant failed to file a plea at the appearance term “on account of a misunderstanding between client and counsel is unfortunate, but the fact presents no legal reason why the plaintiff, who acted but in the exercise of his right, should…