WALTHOUR v. MOCK

38586.

102 Ga. App. 811 (1960)

117 S.E.2d 885

WALTHOUR v. MOCK.

Court of Appeals of Georgia.

Decided December 5, 1960.


Attorney(s) appearing for the Case

Lewis L. Scott, for plaintiff in error.

Nelson Haslam, contra.


FRANKUM, Judge.

1. Plaintiff filed an action on a note against the defendant. The defendant failed to file any defensive pleadings, and a judgment was taken on August 10, 1959. On August 9, 1960, the defendant filed a motion to set aside the judgment, which motion contains allegations that the "plaintiff as a privey [sic] to the First Finance Corporation" had filed a prior suit upon the same cause which had terminated in favor of the movant when a general demurrer...

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