Aetna Finance Co. v. Lee County Manufacturing, Inc., 116 Ga. App. 200

Aetna Finance Co. v. Lee County Manufacturing, Inc.

116 Ga. App. 200 | Ga. Ct. App. | 1967

Lead Opinion

Joslin, Judge.

The record shows that a letter asserting that it was an answer to a summons of garnishment was filed within the time required, and that the court, being unaware of this filing, signed a default judgment against the garnishee. This is sufficient showing, under :Code § 110-702, upon which to grant a motion to set aside the default judgment.

Judgment affirmed.

Bell, P. J., concurs. Pannell, J., concurs specially.

Concurrence Opinion

Pannell, Judge,

concurring specially. I concur with the judgment in this case under authority of Aycock v. Royal Ins. Co., 46 Ga. App. 299 (167 SE 551).