Cotton v. Ruck

Sognier, Judge.

Ruck filed suit against appellant Cotton in the State Court of Fulton County, alleging that Cotton had defaulted on a note. The note was executed in Fulton County; although Cotton was not a resident of Fulton County, he was personally served in Fulton County. Cotton failed to file an answer and a default judgment was entered against him. Cotton’s motion to set aside the judgment was denied. Cotton appeals and we affirm.

Appellant’s motion to set aside pursuant to Code Ann. § 81A-160 (d) was brought on the ground that a non-amendable defect appears on the face of the pleading…