OWEN v. PIEL PAINT COMPANY, INC.

37702.

100 Ga. App. 101 (1959)

110 S.E.2d 437

OWEN v. PIEL PAINT COMPANY, INC.

Court of Appeals of Georgia.

Decided September 9, 1959.


Attorney(s) appearing for the Case

Crespi & Milam, for plaintiff in error.

James A. Glenn, Jr., Leon S. Epstein, contra.


QUILLIAN, Judge.

1. While the petition avers that it is brought to set aside the judgment, so that defensive pleadings might be filed, it set forth no "providential cause preventing the filing of a plea or for excusable neglect" or facts showing a proper case had been alleged for opening the default and setting aside the judgment as provided by Code (Ann.) § 110-404.

2. The evidence was in sharp conflict as to whether the plaintiff's counsel assured the...

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