18 Ga. App. 458 | Ga. Ct. App. | 1916
1. “Until the final adjournment of the term at which a judgment by default has been entered, the court has such control thereof that it may, for any legal or satisfactory reason, set the same aside. It follows that even in a court where a final judgment may be rendered at the first term, the judge may, in his discretion and upon proper showing at such term, set aside either a judgment by default or a final judgment entered thereon.” Cooley v. Tybee Beach Co., 99 Ga. 290 (25 S. E. 691). The general rule is that during the term all judgments and orders are in the breast of the court, and subject to be modified or vacated for good cause shown. Florida Central R. Co. v. Luke, 11 Ga. App. 290 (75 S. E. 270). In the instant case there was evidence that the reason why the defendant failed to file in time any answer to the suit was because of the absence of his counsel from providential cause, and it does not appear that the court abused its discretion, upon the showing made by the defendant, at the same term, in setting aside and vacating the judgment, opening the default, and allowing the defendant to file his plea to the suit. See Tennessee Oil & Gas Co. v. American Art Works, 10 Ga. App. 45 (2), 46 (72 S. E. 517).
Judgment affirmed.