Touchton v. Stewart

Undercofler, Justice.

The controlling question presented by this appeal is whether the trial court erred in dismissing the complaint of the appellant without notice that the case was on the trial calendar as required by Code Ann. § 81A-140 (c) (Ga. L. 1966, pp. 609, 653; 1967, pp. 226, 245).

The trial court’s order states: "The within case having been placed on the calendar for the February term 1972 of the Superior Court of Echols County and same having been called for trial on February 7th, 1972, and at the regular February term 1972 of said court and no one having answered for either party…