Wilkes v. Ricks

Clark, Judge.

For decision here is an appeal from denial of a motion by defendant who had filed an answer including a defense based on the Statute of Frauds to set aside a judgment obtained by default which appellant’s petition avers was procured without any notice of assignment for trial.

We reverse because the record fails to show compliance with Code Ann. §81A-140 (c) (Ga. L. 1966, pp. 609, 653; 1967, pp. 226, 245). The pertinent portion reads: "The courts shall provide for the placing of actions upon the trial calendars (1) without request of the parties but upon notice to the parties . .…