HARDY v. JONES

34978.

244 Ga. 132 (1979)

259 S.E.2d 73

HARDY et al. v. JONES et al.

Supreme Court of Georgia.

Decided September 6, 1979.


Attorney(s) appearing for the Case

McCamy, Minor, Phillips & Tuggle, James T. Fordham, for appellants.

Ernest McDonald, for appellees.


PER CURIAM.

This is an appeal from the grant of a motion to set aside a default judgment entered after the defendant failed to answer the call of the case. The motion to set aside was filed within the same term of court. The motion alleged that the defendant was present in the courtroom when the case was called but did not hear the call because of an infirmity in his hearing.

The trial court found and held after an evidentiary hearing "that when Civil Action...

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