Albany Pine Products Co. v. Hercules Manufacturing Co.
Supreme Court of Georgia
Complaint. Before Judge Crosland. City court of Albany. September 13, 1904. The Hercules Manufacturing Company brought suit, in the city court of Albany, against the Albany Pine Products Company, upon an open account. The process was returnable to the May term, 1904, and was duly served upon the defendant.
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Complaint. Before Judge Crosland. City court of Albany. September 13, 1904. The Hercules Manufacturing Company brought suit, in the city court of Albany, against the Albany Pine Products Company, upon an open account. The process was returnable to the May term, 1904, and was duly served upon the defendant. At the trial term the plaintiff made a written motion to strike the defendant’s plea, upon the following grounds: “First: Said plea was not filed at the first term of said court, as required by section 5052 of the Code of 1895; said plea was not filed in said case until after said court had…
1Opinion of the CourtEvans, J.
(After stating the facts.) The evidence does not show that the case was in default. Before a case can be considered in default the appearance docket. must be called and the entry "in default” must be entered. Gordon v. Hudson, 120 Ga. 698. While it appears that an entry was made by the presiding judge, “in default,” it also appears that the same judge defaced the entry by passing his pen through it. Such mutilated entry should not have the effect of a judgment of "in default,” and is rather attributable to an effort on the part of the judge to correct an entry inadvertently made. In calling…
2Cases cited1 opinion
- Gordon v. HudsonSupreme Court of Georgia · 1904
3Cited by9 opinions
- Chero-Cola Bottling Co. v. Southern Express Co.Supreme Court of Georgia · 1920
- Miami Butterine Co. v. FrankelSupreme Court of Georgia · 1940
- Gregg v. FitzpatrickCourt of Appeals of Georgia · 1936
- Southern Express Co. v. Chero-Cola Bottling Co.Court of Appeals of Georgia · 1919
- American Central Insurance v. AlbrightSupreme Court of Georgia · 1916
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