Byrd v. S. H. McGuire Realty Co.

Court of Appeals of Georgia

Byrd v. S. H. McGuire Realty Co.

187 S.E.2d 339, 125 Ga. App. 297, 1972 Ga. App. LEXIS 1304

CourtCourt of Appeals of Georgia

DecidedJanuary 18, 1972

Docket46741

StatusPublished

Cited by2 cases

This text of 187 S.E.2d 339 (Byrd v. S. H. McGuire Realty Co.) 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

Byrd v. S. H. McGuire Realty Co., 187 S.E.2d 339, 125 Ga. App. 297, 1972 Ga. App. LEXIS 1304 (Ga. Ct. App. 1972).

Pincite

Opinion

Jordan, Presiding Judge.

In the absence of any special statutory provisions governing default in eviction proceedings (see Code Ann. § 61-301 et seq.) the general practice (CPA § 55; Code Ann. § 81A-155) is controlling. See CPA § 181; Code Ann. § 81A-181. Thus the defendant in the present eviction proceeding was entitled as a matter of right to open the default, having filed within 15 days of the default a defense as provided by law, supported by a pauper’s affidavit in lieu of payment of costs, and the trial judge erred in overruling her motion to open the default and in thereafter granting a writ of possession as if she were in default, without conducting a trial of the issues in accordance with the procedures prescribed for civil actions in courts of record. See Code Ann. § 61-303.

Judgment reversed.

Deen and Clark, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Jordan, Presiding Judge.

In the absence of any special statutory provisions governing default in eviction proceedings (see Code Ann. § 61-301 et seq.) the general practice (CPA § 55; Code Ann. § 81A-155) is controlling. See CPA § 181; Code Ann. § 81A-181. Thus the defendant in the present eviction proceeding was entitled as a matter of right to open the default, having filed within 15 days of the default a defense as provided by law, supported by a pauper’s affidavit in lieu of payment of costs, and the trial judge erred in overruling her motion to open the default and in thereafter granting a writ of possession as if she were in default, without conducting a trial of the issues in accordance with the procedures prescribed for civil actions in courts of record. See Code Ann. § 61-303.

Judgment reversed.

Deen and Clark, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

187 S.E.2d 339, 125 Ga. App. 297, 1972 Ga. App. LEXIS 1304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byrd-v-s-h-mcguire-realty-co-gactapp-1972.

Opinion

Related

Cite This Page — Counsel Stack