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Georgia Court of Appeals, 1980

Marler Oil Company v. Citizens & Southern Bank of Milledgeville

Marler Oil Company v. Citizens & Southern Bank of Milledgeville
Georgia Court of Appeals · Decided January 7, 1980 · Birdsong, Quillian, Smith
265 S.E.2d 58; 153 Ga. App. 186; 1980 Ga. App. LEXIS 1737 (South Eastern Reporter, Second Series)

Marler Oil Company v. Citizens & Southern Bank of Milledgeville

Opinion

*186 Smith, Judge.

After suffering a default judgment, appellant-garnishee moved for relief under Code § 64-509, within sixty days of receiving actual notice of the default judgment. However, appellant did not tender the accrued court costs until approximately eighty days subsequent to its receiving actual notice of the judgment. The trial court, therefore, correctly denied appellant’s motion. Code § 46-509; Boston Sea Party v. Bryant &c. Co., 146 Ga. App. 294 (3) (246 SE2d 350) (1978).

Judgment affirmed.

Quillian, P. J., and Birdsong, J., concur.

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