HOMASOTE COMPANY v. STANLEY

39070.

104 Ga. App. 636 (1961)

122 S.E.2d 523

HOMASOTE COMPANY v. STANLEY.

Court of Appeals of Georgia.

Decided October 16, 1961.


Attorney(s) appearing for the Case

Charles R. Adams, Jr., for plaintiff in error.

Walter H. Bolling, contra.


HALL, Judge.

1. Special ground 1 of defendant's motion for new trial is that "the court erred in charging the jury that `this case is in default, that is, there have been no appearances or answers filed by the defendant.'" (Emphasis supplied). We agree with defendant's contentions, for which it cites authorities, that in an attachment proceeding the defendant may make his defense at any time before final judgment (Code Ann. § 8-603), and that the...

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