Legal Opinion
HOMASOTE COMPANY v. Stanley
Court of Appeals of Georgia
Decided October 16, 1961No. 39070PublishedCited by 14 opinions
1Opinion of the Court
Hall, Judge.
Special ground 1 of defendant’s motion for new trial is that “the court erred in charging the jury that ‘this case is in default, that is, there have been no appearances or answers filed by the defendant.’ ” (Emphasis supplied). We agree with defendant’s contentions, for which it cites authorities, that in an attachment proceeding the defendant may make his defense at any time before final judgment (Code § 8-603), and that the plaintiff in this case was not entitled to verdict and judgment by default as provided by Code Ann. § 110-401. As kew v. Melvon, 144 Ga. 348, 352 (87 SE…
2Cases cited30 opinions
- Moody v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1910
- Georgia Railroad v. ThomasSupreme Court of Georgia · 1885
- Small v. WilliamsSupreme Court of Georgia · 1891
- Johnston v. SheppardCourt of Appeals of Georgia · 1918
- Roberts v. McClellanCourt of Appeals of Georgia · 1949
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3Cited by14 opinions
- Thomas v. BarnettCourt of Appeals of Georgia · 1963
- Globe Motors, Inc. v. NoonanCourt of Appeals of Georgia · 1962
- GENERAL GAS CORPORATION v. WhitnerCourt of Appeals of Georgia · 1965
- General Gas Corp. v. WhitnerCourt of Appeals of Georgia · 1965
- NORTON REALTY & LOAN COMPANY, INC. v. Bd. of Ed. of Hall CountyCourt of Appeals of Georgia · 1973
9 more not listed; retrieve them via the Exa API.