150 Ga. 430 | Ga. | 1920
(After stating the foregoing facts.) The-practice in the city court of Carrollton is the same as in the superior courts of this State. Acts 1897, p. 438, §§ 13, 17. Section 5653 of the Civil Code of 1910 (Acts 1895, p. 45) provides that “In all cases the judge at each term shall call the appearance docket upon, some day previously fixed, or on the last day of the term, and upon such call all cases in which the defendant has not filed
In the case of Albany Pine Products Co. v. Hercules-Manufacturing Co., supra, it was said that “a default can not be opened except in the way prescribed by the statute. Civil Code, §§ 5070-5072 [Civil Code 1910, §§ 5654-5656].” The ruling in that case was that “ where it appears that an entry was made by the judge on the docket of £in default,’ -and it also appears that on the same day the judge defaced the entry by passing his pen through it, in the 'absence of proof to the contrary such mutilated entry will be treated as the correction of an inadvertence, and not as an £in default’ judgment.” The evidence in support of the motion to strike the plea in that case was as follows: “The May term, 1904, of said court [city court of Albany] convened at about nine o’clock a. m. on the 9th day of May, 1904, and was in session for only about two hours, ’during which time the appearance 'docket was called, his honor Eichard Hobbs, now deceased, then judge of said court, presiding; and at about eleven o’clock a. m.
Judgment affirmed.