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COMMERCIAL NATIONAL BANK OF CEDARTOWN v. CHAPMAN

17916.

209 Ga. 152 (1952)

71 S.E.2d 425

COMMERCIAL NATIONAL BANK OF CEDARTOWN v. CHAPMAN, administratrix.

Supreme Court of Georgia.

Decided June 10, 1952.

Attorney(s) appearing for the Case

Stewart & York and Henry A. Stewart, for plaintiff in error.

Maddox & Maddox, contra.

ALMAND, Justice.

Mrs. Ruth Nichols Chapman, as administratrix of the estate of V. S. Chapman, filed an equitable petition against Commercial National Bank of Cedartown and another. No answer having been filed by the defendant bank within the statutory time, counsel for the plaintiff made an oral motion to enter judgment in her favor when the case was called for trial. This motion was overruled, and on writ of error to this court such order was reversed.

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