Guthrie v. Spence

Court of Appeals of Georgia

Guthrie v. Spence

191 S.E. 188, 55 Ga. App. 669, 1937 Ga. App. LEXIS 442

CourtCourt of Appeals of Georgia

DecidedApril 7, 1937

Docket26014

StatusPublished

Cited by4 cases

This text of 191 S.E. 188 (Guthrie v. Spence) 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

Guthrie v. Spence, 191 S.E. 188, 55 Ga. App. 669, 1937 Ga. App. LEXIS 442 (Ga. Ct. App. 1937).

Pincite

Opinion

Broyles, C. J.

1. Code, §§ 110-402, 110-404, relating to an entry of “default,” have no application to' a case like the instant one where it does not appear that it was marked in '“default,” and where it does appear that a judgment was rendered before the movant filed her motion to set aside the judgment. Schofield’s Sons Co. v. Vaughn, 40 Ga. App. 568 (150 S. E. 569).

2. “A judgment may not be arrested or set a'side for any defect in the pleadings or record that is aided by verdict or amendable as matter of form.” (Italics ours.) Code, § 110-705. “The omission of a prayer for process from a petition is an amendable defect.” Babcock Lumber Co. v. Hughes, 29 Ga. App. 20 (1); (113 S. E. 816) ; Barnes-Fain Co. v. Chandler, 148 Ga. 158 (2) (96 S. E. 179).

3. Under the above-stated rulings the court did not err in dismissing, on general demurrer, the motion to set aside the judgment.

Judgment affirmed.

MacIntyre and Guerry, JJ., concm.

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