Jones v. Christian

Carley, Judge.

Appellee-plaintiff filed against appellant-defendant an action based upon a contract. Appellant filed an answer, counterclaim and a separate demand for a jury trial. When the case was called for trial, appellant failed to appear. Pursuant to appellee’s motion, appellant’s answer and counterclaim were stricken under the three minute rule (Code Ann. § 24-3341), and judgment by default was entered against appellant. Subsequently, appellant filed a motion to vacate the default judgment. That motion was denied and appellant appeals.

1. Appellant urges that the trial court erred in…