152 Ga. 751 | Ga. | 1922
To the September term, 1920, an equitable petition was filed in the superior court of Fulton county, wherein Fula Maddox Jackson was the plaintiff, and Bryan.M. Grant and Albert S. .Adams and the' -Walravén Company were named defendants. Each of the defendants was duly served with process, and with an order of the court to show cause why the relief prayed for in the petition should not be granted. The defendants failed to file any appearance and failed to plead to the merits of the petition at the term to which the petition was returnable; and thereafter, to wit, on the 25th day of September, 1920, at the call of the appearance docket of the said court the entry “ in default ” was marked upon 'the docket by the judge. Thereafter,
Above we have announced our opinion that there was nothing in these negotiations to induce or authorize the defendants to believe that there would be any postponement of the trial or the taking of a verdict and judgment in case of a failure to file their plea and answer; and consequently the judge hearing this motion was not authorized to adjudge that the failure to file the answer in time and as the' law requires was excusable. Questions like this have been discussed and ruled upon in numerous cases, but it is not necessary to make lengthy quotations therefrom. Some of the cases are here cited. Moore v. Kelly & Jones Co., 109 Ga. 798 (35 S. E. 168); Kellam v. Todd, 114 Ga. 981 (41 S. E. 39); Murray v. Willoughby, 133 Ga. 514 (66 S. E. 267); Tennessee Oil &c. Co. v. American Art Works, 10 Ga. App. 45 (72 S. E. 517).
Judgment reversed.