Horn v. Mound City Paint & Color Co.

Court of Appeals of Georgia

Horn v. Mound City Paint & Color Co.

64 S.E. 666, 6 Ga. App. 133, 1909 Ga. App. LEXIS 209

CourtCourt of Appeals of Georgia

DecidedMay 4, 1909

Docket1466

StatusPublished

Cited by3 cases

This text of 64 S.E. 666 (Horn v. Mound City Paint & Color 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.

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Horn v. Mound City Paint & Color Co., 64 S.E. 666, 6 Ga. App. 133, 1909 Ga. App. LEXIS 209 (Ga. Ct. App. 1909).

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Opinion

Em, O. J.

1. Under the act creating the city court of Bainbridge (Acts 1900, p. 112, see. 36), the judge has the discretion, in a .proper case, to open a default and allow a plea filed. But this default must be opened before final judgment, or, if a final judgment has been rendered in the ease, this final judgment must be vacated. Bass v. Doughty, 5 Ga. App. 458 (63 S. E. 516).

2. Where judgment was duly entered by default, and subsequently, during the same term, there was a docket entry as follows: “Default opened on motion June T/ 08,” but no order was taken vacating the judgment rendered on the default, this docket entry was not sufficient for that purpose. Dixon v. Minnesota Lumber Co., 132 Ga. 347 (64 S. E. 71).

Complaint, from city court of Bainbridge — Judge Harrell. October 13, 1908.

Argued December 10, 1908. — Decided May 4, 1909. Donalson & Donalson, for plaintiff in error. Biclcetson & Hale, contra.

3. In a suit on account, where the defendant is in default, the plaintiff is not required to make out his ease by proof. Civil Code, §5078; Norman v. Great Western Tailoring Co., 121 Ga. 813 (49 S. E. 782).

Judgment affirmed.

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