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FOSTER COMPANY v. LIVINGSTON

47189.

127 Ga. App. 317 (1972)

193 S.E.2d 626

FOSTER COMPANY v. LIVINGSTON.

Court of Appeals of Georgia.

Decided September 5, 1972.

Rehearing Denied October 17, 1972.

Attorney(s) appearing for the Case

Adams, O'Neal & Hemingway, Thomas W. Talbot, for appellant.

Shepard & Berenthien, Virgil H. Shepard, for appellee.

PANNELL, Judge.

Paragraph (b) of Section 55 of the Civil Practice Act (Ga. L. 1966, pp. 609, 659; Code Ann. § 81A-155 (b)) provides: "At any time before final judgment, the court in its discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of a plea or for excusable neglect or where the judge, from all the facts, shall determine that a proper case...

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