21 Ga. App. 593 | Ga. Ct. App. | 1918
On October 23, 1916, Conrad & Lee foreclosed their lien as mechanics upon a certain automobile of E. W. Tip-ton in the municipal court of the City of Macon, and on the day following Tipton replevied the automobile by giving a bond, with Spier as surety, conditioned to pay to said Conrad & Lee the amount of the judgment that might be rendered against him in said case. Tipton did not, file a counter-affidavit to the lien foreclosure. The ease was marked in default by the judge of the trial court, at the next term, and Conrad & Lee thereupon entered up judgment against Tipton and the surety .on his bond, for the amount claimed in the lien foreclosure. Tipton and his surety then made a written motion to vacate this judgment, and a rule nisi was served upon Conrad & Lee, requiring them to show why the judgment should not be set aside. Conrad & Lee demurred generally to the motion. The grounds of the motion are: "(1)
It is not necessary to elaborate the ruling announced in the headnote.
Judgment affirmed.