Legal Opinion

United Bonding Insurance v. Bray Lumber Co.

Court of Appeals of Georgia

Decided September 30, 1970No. 45550PublishedCited by 2 opinions

1Opinion of the Court

Evans, Judge.

At any time before final judgment the court, in its discretion, upon payment of cost's, may allow the opening of a default in a case "for excusable negligence.” Code Ann. § 81A-155 (b) (Ga. L. 1966, pp. 609, 659; 1967, pp. 226, 238). The trial court, after a hearing, having determined that there was no reasonable excuse for failing to answer the suit, there being no traverse of service and it being shown that the defendant was aware that this suit had been filed in the State court as shown by the pleadings in a similar suit in the Federal court served upon the appellant, it did…

2Cases cited7 opinions

  1. Brucker v. O'ConnorSupreme Court of Georgia · 1902
  2. Strickland v. GallowayCourt of Appeals of Georgia · 1965
  3. Strickland v. GallowayCourt of Appeals of Georgia · 1965
  4. Ezzard v. MorganCourt of Appeals of Georgia · 1968
  5. Jordan v. ClarkCourt of Appeals of Georgia · 1969

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Glaze v. BaileyCourt of Appeals of Georgia · 1973
  2. Matuszczak v. KellyCourt of Appeals of Georgia · 1975

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