Georgia Court of Appeals, 1925

Barnes v. West Publishing Co.

Barnes v. West Publishing Co.
Georgia Court of Appeals · Decided April 10, 1925 · Stephens
33 Ga. App. 626; 127 S.E. 668; 1925 Ga. App. LEXIS 652

Barnes v. West Publishing Co.

Opinion of the Court

Stephens, J.

1. A defendant upon whom service has been perfected and against whom a judgment has been rendered, although he was in default and made no appearance by plea or answer, has had his “day in court.” Civil Code (1910), § 5311.

2. Where such a judgment is obtained in a suit upon a conditional contract in writing or upon an unverified open account, and without the introduction of any testimony, the judgment is not subject to attack by an affidavit of illegality based upon the ground that it was without evidence to support it. Brown v. Webb, 121 Ga. 281 (48 S. E. 917); Taylor v. Holmes, 25 Ga. App. 422 (103 S. E. 687).

Judgment affirmed.

Jenkins, P. J., and Bell, J., coneur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.