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WHITAKER v. WHITAKER

31268.

237 Ga. 739 (1976)

229 S.E.2d 603

WHITAKER v. WHITAKER.

Supreme Court of Georgia.

Decided September 28, 1976.

Rehearing Denied October 19, 1976.

Attorney(s) appearing for the Case

Carey C. Carter, Jr., for appellant.

Harper & Matthews, Robert D. Matthews, for appellee.

UNDERCOFLER, Presiding Justice.

The wife in this divorce case was granted upon evidence, without notice to her husband, a final judgment forty-five days1 after he was served, but filed no answer. On the same day he sought to reopen the judgment under Code Ann. § 81A-155 which allows for the reopening of default as a matter of right within 15 days after the answer is due. His motion was denied and he appeals claiming...

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