Aetna Finance Co. v. Lee County Manufacturing, Inc.

Georgia Court of Appeals June 22, 1967

Aetna Finance Co. v. Lee County Manufacturing, Inc., 116 Ga. App. 200 (1967)

156 S.E.2d 374; 1967 Ga. App. LEXIS 744

Joslin, Pannell

Opinion of the Court

Joslin, Judge.

The record shows that a letter asserting that it was an answer to a summons of garnishment was filed within the time required, and that the court, being unaware of this filing, signed a default judgment against the garnishee. This is sufficient showing, under :Code § 110-702, upon which to grant a motion to set aside the default judgment.

Judgment affirmed.

Bell, P. J., concurs. Pannell, J., concurs specially.

Concurring Opinion

Pannell, Judge,

concurring specially. I concur with the judgment in this case under authority of Aycock v. Royal Ins. Co., 46 Ga. App. 299 (167 SE 551).

Reference

Full Case Name: AETNA FINANCE COMPANY OF ALBANY v. LEE COUNTY MANUFACTURING, INC.
Cited By: 2 cases
Status: Published