Underhill v. Barnes

Pope, Judge.

A civil action arising out of an automobile-motorcycle collision was initiated during March of 1977 in the Superior Court of Fulton County. The defendant, Underhill, subsequently enlisted in the United States Navy. Some months later after discovery was completed and the case was set for trial by agreement of all trial counsel and the court, the defendant moved for a stay of the proceedings pursuant to the Soldiers’ and Sailors’ Civil Relief Act of 1940, 50 USCA App. § 501 et seq. The stay was sought for the period of the defendant’s service in the Navy plus sixty days. The motion…