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ALLEN v. ALSTON

53551.

141 Ga. App. 572 (1977)

234 S.E.2d 152

ALLEN v. ALSTON.

Court of Appeals of Georgia.

Decided March 11, 1977.

Attorney(s) appearing for the Case

Katz, Weissman & Loftis, Donald A. Weissman, for appellant.

Thomas F. Jones, for appellee.

DEEN, Presiding Judge.

1. We are not concerned with the fact that the pleading designated a motion to set aside is not based on a nonamendable defect appearing of record for two reasons. First, since it was filed within 30 days of the judgment it could in effect be treated as a motion for new trial under Code § 81A-160 (c). Secondly, under the amendment to Code § 81A-160 (d) (Ga. L. 1974, p. 1138) a motion to set aside a judgment may be "based upon lack...

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