112 Ga. 460 | Ga. | 1900
1. It is within the discretion of the judge to allow a default to be opened at the trial term, for providential cause preventing the filing of a plea, or for excusable neglect, or where the judge, from all the facts, is of opinion that a proper case for opening the default has been made. Civil Code, § 5072 ;
2. It follows from the foregoing that this court will not reverse the judgment of a trial judge refusing to open a default, when the only reason assigned for the failure to appear and plead at the proper time is a misunderstanding of counsel for defendant, based on a statement made by the latter, as to the nature of the action.
Judgment affirmed.