112 Ga. 342 | Ga. | 1900
At the trial term of this case in the court below,: counsel for the plaintiff “moved to dismiss the plea and answer of' defendants to said suit, on the ground that the written filing entered on the back of said plea did not appear to have been signed by the clerk ” of the court. Exception is taken to the action of
It is to be noted, in this connection, that the defendants stood flatly upon their contention that, while their answer was not duly filed, the fault was not their own but that of the clerk. Had they, as would, it seems, have been proper, frankly admitted that the failure to file their answer was attributable alone to their counsel, and had they moved to open the default on the ground that his neglect was excusable, an entirely different question would have been presented to the trial judge. As it was, he was not called upon to decide whether the ends of justice required that the default be opened, but merely to pass upon the clean-cut question whether or not the .clerk was solely responsible for the case being in default at the appearance term. We are entirely satisfied with the decision of the trial judge upon this question.
There is clearly no merit in the general grouqds of the defendants’ motion for a new trial, for the evidence not only warranted but demanded the verdict.
Judgment affirmed.