Barnes v. West Publishing Co.

Court of Appeals of Georgia

Barnes v. West Publishing Co.

127 S.E. 668, 33 Ga. App. 626, 1925 Ga. App. LEXIS 652

CourtCourt of Appeals of Georgia

DecidedApril 10, 1925

Docket15860

StatusPublished

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Bluebook

Barnes v. West Publishing Co., 127 S.E. 668, 33 Ga. App. 626, 1925 Ga. App. LEXIS 652 (Ga. Ct. App. 1925).

Pincite

Opinion

Stephens, J.

1. A defendant upon whom service has been perfected and against whom a judgment has been rendered, although he was in default and made no appearance by plea or answer, has had his “day in court.” Civil Code (1910), § 5311.

2. Where such a judgment is obtained in a suit upon a conditional contract in writing or upon an unverified open account, and without the introduction of any testimony, the judgment is not subject to attack by an affidavit of illegality based upon the ground that it was without evidence to support it. Brown v. Webb, 121 Ga. 281 (48 S. E. 917); Taylor v. Holmes, 25 Ga. App. 422 (103 S. E. 687).

Judgment affirmed.

Jenkins, P. J., and Bell, J., coneur.

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