Longalife Paint Co. v. Williams
Court of Appeals of Georgia
Complaint; from Whitfield superior court—Judge Tarver. January 2, 1917. The suit was filed on the 14th and served on the 15th of December, 1915, and was made returnable to the January term of the superior court, 1916, which began on January 3. On April 5, 1916, tlje defendant filed a plea, in which he denied the material allegations of the petition.
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Complaint; from Whitfield superior court—Judge Tarver. January 2, 1917. The suit was filed on the 14th and served on the 15th of December, 1915, and was made returnable to the January term of the superior court, 1916, which began on January 3. On April 5, 1916, tlje defendant filed a plea, in which he denied the material allegations of the petition. The case was called by Judge Tarver at the January term, 1917. At that time, opposite the entry of the case on the issue docket, was the word “Default,” with a line drawn through it by a pen, followed by the words, “Answer Jan’y 3rd, 1916.” The…
1Opinion of the CourtBloodwoeth, J.
“A defendant has the right, at any time within thirty days after a case has been marked ‘in default,’ to open the default and file his defense, provided he also within the thirty days pays all the accrued costs. Civil Code (1910), § 5654.” Coker v. Lipscomb, 17 Ga. App. 506 (87 S. E. 704). “While, under the Civil Code, § 5072, a trial judge is vested with a wide discretion as to opening a judgment of default, on motion made at the trial term of a case, there is no provision of law authorizing him to entertain and grant a motion to open a default presented at any subsequent term at which the…
2Cases cited4 opinions
- Brawner v. MaddoxCourt of Appeals of Georgia · 1907
- Coker & Son v. LipscombCourt of Appeals of Georgia · 1916
- Thornton v. Coleman, Burden & Warthen Co.Supreme Court of Georgia · 1898
- Cauley v. Wadley Lumber Co.Supreme Court of Georgia · 1904
3Cited by3 opinions
- Avery & Co. v. SorrellSupreme Court of Georgia · 1924
- Buford v. Southern Cotton Oil Co.Court of Appeals of Georgia · 1917
- Southern Express Co. v. Chero-Cola Bottling Co.Court of Appeals of Georgia · 1919