Siefferman v. Kirkpatrick

Evans, Judge.

This is an action to vacate and set aside a judgment pursuant to Section 60 of the Civil Practice Act (Code Ann. § 81A-160; Ga. L. 1966, pp. 609, 662; 1967, pp. 226, 239, 240) alleging that a judgment was entered against the defendant in favor of the plaintiff and without a verdict or judgment being entered with respect to defendant’s counterclaim; that there is no available record of the court showing the matter was set down for the trial calendar for the date of the verdict and judgment, and that prior thereto, the plaintiff’s petition was dismissed with prejudice; that…