COFIELD v. JOHNSON

44023.

118 Ga. App. 689 (1968)

165 S.E.2d 472

COFIELD v. JOHNSON et al.

Court of Appeals of Georgia.

Decided November 5, 1968.

Rehearing Denied November 21, 1968.


Attorney(s) appearing for the Case

Fred W. Minter, for appellant.

Siegel, Frankel & Weinstein, Lee M. Weinstein, for appellees.


PANNELL, Judge.

1. Where, upon a hearing relating to the vacating of a judgment based upon facts not appearing on the face of the record, the judgment is vacated upon "evidence presented by both" parties, and there is no transcript of the proceedings or brief of the evidence relating to this hearing, the trial judge must be affirmed.

2. Where, in a suit upon a contract, the defendant answers but files no plea of payment, and alleged evidence of payments is...

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