Parker v. Branan

Rxjssell, Judge.

1. Code Ann. § 110-404 refers to opening defaults before final judgment, and has no application where a final judgment has in fact been entered. Burger v. Dobbs, 87 Ga. App. 88, 90 (73 SE2d 75).

2. Under Code Ann. § 110-401 the right of the defendant to open a default judgment within 15 days after the appearance day upon payment of costs is absolute; any judgment entered prior thereto is premature and must be set aside where a proper motion is made and the costs paid within such 15 day period. Potts v. Smith Grain Co., 99 Ga. App. 270, 274 (108 SE2d 285).

3. Parker, the…