Carey v. Wyatt

The judge of the city court did not err in vacating and setting aside that portion of the judgment which included attorney’s fees, it appearing undisputed in the record that the statutory notice of intention to include ten per cent, for attorney’s fees, as required by section 4252 of the Civil Code, failed to state the name of the holder of the note; and, this not being an amendable defect, that portion of the judgment was absolutely void and rendered the judgment open to attack, under section 5957 of the Civil Code. Baskins v. Valdosta Bank, 5 Ga. App. 600 (4), 601 (63 S. E. 648); Edenfield…