160 Ga. 446 | Ga. | 1925
“In all cases, except actions for unliquidated damages and suits on unconditional contracts in writing, in tlie several courts of this' State, where the writ or process has been served, as the law directs, on the defendant, and there is no defense made by the party sued, either in person or by attorney, at the time the case is submitted for trial, the case shall be considered in default, and the plaintiff shall be permitted to take a verdict as if each and every item and paragraph were proved by testimony.” Civil Code (1910), § 5662. Accordingly, where an equitable petition was filed to cancel certain deeds on the ground of fraud in the execution thereof, and the defendants in the suit were served with a copy of the petition, but did not answer the petition at the first term of the court, and there was no appearance for the defendants, and no entry of “default” made on the docket, and where at the second term of the court the attorney for the defendants had leave of absence on account of his serious illness, and where, just before the adjournment of the second term of court, the plaintiffs’ attorney called up such case and, no answer or defense hav
Judgment affirmed.