Legal Opinion

Fletcher v. State

Court of Appeals of Georgia

Decided July 1, 1919No. 10634PublishedCited by 1 opinion

Condemnation; from city court of Albany—Judge Clayton Jones. May 12 1919.

1Opinion of the CourtBroyles, C. J.

1. Where a proceeding to condemn an automobile is instituted under the provisions of section 20 of the prohibition act approved March 28, 1917 (Ga. Laws, Extr. Session, March, 1917, p. 16), and the defendant fails to file any defense within thirty days from the filing of the petition, but where no judgment by default is entered by the court until after the defendant has filed his answer, it is error to dismiss the defendant’s answer, filed upon the calling of the case, upon the ground that it was filed too late. See, in this connection, Civil Code, § 5653; Gordon v. Hudson, 120 Ga. 698 (48 S.…

2Cases cited3 opinions

  1. Gordon v. HudsonSupreme Court of Georgia · 1904
  2. Albany Pine Products Co. v. Hercules Manufacturing Co.Supreme Court of Georgia · 1905
  3. Pennsylvania Casualty Co. v. ThompsonSupreme Court of Georgia · 1905

3Cited by1 opinion

  1. Calhoun v. StateCourt of Appeals of Georgia · 1925

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