WALLIS v. McMURRAY

35566.

91 Ga. App. 549 (1955)

86 S.E.2d 529

WALLIS v. McMURRAY.

Court of Appeals of Georgia.

Decided March 1, 1955.


Attorney(s) appearing for the Case

R. E. Kirby, R. Wilson Smith, Jr., Robert J. Reed, for plaintiff in error.

Brannon & Brannon, contra.


TOWNSEND, J.

1. Where a case is in default and no motion to open the default has been made within a 15-day period thereafter, as provided by Code (Ann. Supp.) § 110-401, it is discretionary with the trial court to permit the default to be opened after such time but before final judgment, on compliance with Code (Ann. Supp.) § 110-404, but such discretion must be exercised in accordance with law. Green v. Whitehead, 204 Ga. 274 (49 S.E.2d 527...

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