1 Ga. App. 11 | Ga. Ct. App. | 1907
The plaintiff in error, Currie, brought suit against the defendants in error, the Deavers, to the November term, 1905, of the city court of Brunswick. At the appearance term the defendants filed a plea, but the same was not signed by them or by their counsel. At the next term of the court, which was held in February, 1906, upon the case being called in its regular order for trial, counsel representing the plaintiff moved the court to strike the plea and answer, because the same -was not subscribed by party or counsel, and to direct a verdict in favor of the plaintiff. The court ruled that this unsigned plea amounted to no plea, and that the case was in default. The defendants’ counsel thereupon moved to amend the plea by signing the same. The court held that the plea coidd not be amended but could be signed and offered as a new plea. The defendants’ counsel then made a motion to open the default in said case by signing the plea and offering it as an original plea as of that date. The court thereupon passed the following order: “It appearing to the court that through oversight the counsel’s name was not signed to the plea, it is, upon motion of counsel for defendants, ordered by the court that said d.efault be allowed to be opened, the court exercising its discretion, on payment of all costs accrued to this time, and that this plea
On the main bill of exceptions the judgment is affirmed. The cross-bill of exceptions is dismissed.