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EXUM v. SAM N. HODGES, JR. & CO.

42551, 42552.

115 Ga. App. 185 (1967)

154 S.E.2d 260

EXUM v. SAM N. HODGES, JR. & COMPANY; and vice versa.

Court of Appeals of Georgia.

Decided January 25, 1967.

Rehearing Denied February 10, 1967.

Attorney(s) appearing for the Case

Mackay, Payton & Elliott, Thomas W. Elliott, for appellant.

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Ralph H. Witt, for appellee.

EBERHARDT, Judge.

1. Rule 9 of the Rules of Practice and Procedure in the Civil Court of Fulton County provides: "A judgment rendered by default may be opened and the judgment set aside as a matter of right if within five days of the date of the rendition of the judgment the defendant pays all accrued costs and files an affidavit that he is advised and believes that he has a good defense and is not reopening the case for delay

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