LEGEND CARPETS v. STINSON

56102.

147 Ga. App. 58 (1978)

248 S.E.2d 48

LEGEND CARPETS v. STINSON.

Court of Appeals of Georgia.

Decided July 14, 1978.

Rehearing Denied July 31, 1978.


Attorney(s) appearing for the Case

McDonald, McDonald & McDonald, E. Crawford McDonald, for appellant.

Mitchell, Mitchell, Coppedge, Boyett, Wester & Bates, Warren N. Coppedge, Jr., for appellee.


SMITH, Judge.

We hold that the appellant garnishee's answer and payment of costs were timely to open default and that the trial court erred in concluding to the contrary, striking the answer, entering judgment against appellant, and overruling its motion to set aside the judgment.

Ga. L. 1976, pp. 1608, 1620 (Code Ann. § 46-508) provides, in part: "In case garnishee fails or refuses to file an answer by the 45th day after service of the summons, garnishee...

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