HAYNES v. SMITH

37631.

99 Ga. App. 433 (1959)

108 S.E.2d 772

HAYNES v. SMITH.

Court of Appeals of Georgia.

Decided April 21, 1959.


Attorney(s) appearing for the Case

Howard Oliver, Jr., for plaintiff in error.

Byrd & Quillian, J. E. Briscoe, Jr., contra.


TOWNSEND, Judge.

1. "The marking of the case in default is a judgment, but not a `judgment by default'. At most, it can only be a judgment to the effect that the case is `in default', and in no sense is it a rendition of a final judgment against the defendant in response to the prayers of the petition." Love v. National Liberty Ins. Co., 157 Ga. 259, 262 (121 S. E. 648). Code (Ann.) § 110-404 provides as follows: "At any time before final judgment...

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