Chambless v. Livingston
123 Ga. 257 | Ga. | 1905
1. When upon the call' of the appearance docket no entry of default is made, the court may in its discretion, at a subsequent term, permit a plea to be filed at any time before such entry has been made. Davis v. Railroad Co., 107 Ga. 420 (1); Gordon v. Hudson, 120 Ga. 698.
2. In an action for damages for a conversion of personalty, proof of title to the property in the plaintiff, possession in the defendant, a demand for •possession, and a refusal by the defendant to surrender the propérty to the plaintiff, prior to the filing of the suit, makes a prima facie case for recovery, although it does not appear that the defendant was in possession at the time the suit was filed.
Judgment reversed.
