Whitsett v. Hester-Bowman Enterprises, Inc.

94 Ga. App. 78 (1956)

93 S.E.2d 788

WHITSETT

v.

HESTER-BOWMAN ENTERPRISES INC., et al.

36083.

Court of Appeals of Georgia.

Decided May 1, 1956.

Rehearing Denied June 14, 1956.

Davis & Friedin, for plaintiff in error.

Lokey & Bowden, Hamilton Lokey, Scott S. Edwards, Jr., contra.

NICHOLS, J.

1. The plaintiff in error strongly contends that she was entitled to judgment by default against both defendants because the trial court erred in refusing to strike the defensive pleadings filed after the case became in default.

Under the Act of 1946 (Code, Ann. Supp., §§ 110-401 and 110-404) a case to which no…