Whitley v. Currington

Carlisle, Presiding Judge.

1. Where a default judgment has been rendered under the provisions of Code Ann. § 110-401, as -amended, after the time for opening the -default has passed, the defendant may move in arrest thereof for any defect not amendable which appears on the face of the record or pleadings, but such judgment may not be arrested or set aside for any defect in the pleadings that is aided by the verdict. Code §§ 110-702, 110-705. Under the foregoing sections, a motion in arrest of judgment based solely on a deficiency in the petition on which the judgment was rendered is…