WHITE PLAINS CARPET v. UNITED STATES FIDELITY & GUARANTY COMPANY

48298.

130 Ga. App. 158 (1973)

202 S.E.2d 558

WHITE PLAINS CARPET v. UNITED STATES FIDELITY & GUARANTY COMPANY et al.

Court of Appeals of Georgia.

Decided October 5, 1973.

Rehearing Denied November 1, 1973.


Attorney(s) appearing for the Case

Gearinger, Bowles & Petty, H. H. Gearinger, for appellant.

McCamy, Minor, Phillips & Tuggle, Carlton McCamy, for appellees.


BELL, Chief Judge.

The defendants failed to answer the complaint within 30 days from the date of service and were in default. An answer was filed 15 days later on February 9, 1972. Plaintiff moved to strike the answer and for default judgment on the ground that the costs were not paid until February 10, 1972, the day after the filing of the answer. In support of its motion reliance was made upon entries made in the clerk's records that the costs were paid on the latter...

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