Johnson v. Sikes
Court of Appeals of Georgia
Motion to set aside judgment; from Worth superior court— Judge Eve. May 12, 1917.
1Opinion of the CourtWade, C. J.
1. The motion to set aside the verdict and judgment in this case is substantially based upon an alleged misunderstanding between the defendant and his counsel, in consequence of which no defense was interposed. “Where a failure to file a defense was due to the gross negligence of the defendant or of his counsel, it is not error to refuse to set aside a' default judgment and reinstate a casé, even though motion be made at the samé term. Athens Leather Manufacturing Co. v. Myers, 98 Ga. 396, 397 (25 S. E. 503). Neither is the failure of a defendant to appear and plead on account of an apparent…
2Cases cited7 opinions
- Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
- Pryor v. American Trust & Banking Co.Court of Appeals of Georgia · 1915
- Philip Carey Co. v. SheppardCourt of Appeals of Georgia · 1917
- Colclough v. WalkerCourt of Appeals of Georgia · 1916
- Athens Leather Manufacturing Co. v. Myers & Co.Supreme Court of Georgia · 1896
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3Cited by3 opinions
- Carolina Tree Service, Inc. v. CartledgeCourt of Appeals of Georgia · 1957
- McMURRIA MOTOR CO. INC. v. BishopCourt of Appeals of Georgia · 1952
- Curtis v. LindseyCourt of Appeals of Georgia · 1966