Fulton Air Service, Inc. v. Lake

Nichols, Judge.

The contention is made that the defensive pleadings were filed before the order opening the default and that therefore the plaintiff has a judgment by default and the subsequent proceedings were nugatory. Such contention is without merit. In the case of Whitsett v. Hester-Bowman Enterprises, 94 Ga. App. 78 (93 SE2d 788), it was pointed out that a judgment opening a default within fifteen days is no longer necessary and is unauthorized. While, under such decision, a question as to whether the costs have been paid before the pleadings were filed could have been made and decided…