Tower v. Ellsworth
Cases that cite this one
4 later published cases cite this decision.
- Houston v. Lowes of Savannah, Inc. (Ga. Ct. App. 1975)
- Smith v. Mullinax (Ga. Ct. App. 1970)
- Holmes v. First National Bank (Ga. Ct. App. 1917)
- Welch v. Mastin (Mo. Ct. App. 1903)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.