McDonald v. Tutty

27 S.E. 157, 99 Ga. 184

Opinion

Simmons, C. J.

The mere fact that a declaration, was not filed in court the full number of days prescribed by law before the term to which it was made returnable, does not render a judgment 'therein taken by default at the next succeeding term void, the defendant having befen duly served before the appearance term and not having then, or at any time thereafter, made any objection to the return of the case as stated or any motion to have it made returnable to the proper term. Judgment rmersed.