Alexander v. Askin Squire Corp.

Court of Appeals of Georgia

Alexander v. Askin Squire Corp.

242 S.E.2d 324, 144 Ga. App. 662, 1978 Ga. App. LEXIS 1732

CourtCourt of Appeals of Georgia

DecidedFebruary 1, 1978

Docket54940

StatusPublished

Cited by2 cases

This text of 242 S.E.2d 324 (Alexander v. Askin Squire Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander v. Askin Squire Corp., 242 S.E.2d 324, 144 Ga. App. 662, 1978 Ga. App. LEXIS 1732 (Ga. Ct. App. 1978).

Pincite

Opinion

Bell, Chief Judge.

Plaintiff obtained a default judgment against defendant on a complaint alleging an indebtedness on a contract in a lump sum. Attached to the complaint was a notice stating that the amount claimed included attorney fees. After entry of the default judgment, defendant moved to set aside the judgment under CPA § 60 (d) (Code Ann. § 81A-160 (d)). The "nonamendable defect” alleged in the motion was that neither the complaint nor the notice attached thereto contained any allegation that attorney fees were authorized; and that the amount of the attorney fees was not separately stated.

Even if the notice for attorney fees failed to comply with the provisions of Code § 20-506 (c) as contended, an issue that we do not decide, it would not afford a basis for setting the judgment aside under CPA § 60 (d), supra for the claimed defect was amendable and was cured by the judgment. A judgment may not be set aside for any defect that is aided by verdict or amendable as a matter of form. Code § 110-705; see Candler v. Orkin, 129 Ga. App. 721 (200 SE2d 909); and Veneer Mfg. Co. v. Hill, 72 Ga. App. 28 (32 SE2d 838).

Judgment affirmed.

Shulman and Birdsong, JJ., concur.

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Bell, Chief Judge.

Plaintiff obtained a default judgment against defendant on a complaint alleging an indebtedness on a contract in a lump sum. Attached to the complaint was a notice stating that the amount claimed included attorney fees. After entry of the default judgment, defendant moved to set aside the judgment under CPA § 60 (d) (Code Ann. § 81A-160 (d)). The "nonamendable defect” alleged in the motion was that neither the complaint nor the notice attached thereto contained any allegation that attorney fees were authorized; and that the amount of the attorney fees was not separately stated.

Even if the notice for attorney fees failed to comply with the provisions of Code § 20-506 (c) as contended, an issue that we do not decide, it would not afford a basis for setting the judgment aside under CPA § 60 (d), supra for the claimed defect was amendable and was cured by the judgment. A judgment may not be set aside for any defect that is aided by verdict or amendable as a matter of form. Code § 110-705; see Candler v. Orkin, 129 Ga. App. 721 (200 SE2d 909); and Veneer Mfg. Co. v. Hill, 72 Ga. App. 28 (32 SE2d 838).

Judgment affirmed.

Shulman and Birdsong, JJ., concur.

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Bluebook (online)

242 S.E.2d 324, 144 Ga. App. 662, 1978 Ga. App. LEXIS 1732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-askin-squire-corp-gactapp-1978.

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