Morton v. Retail Credit Co. , 124 Ga. App. 728 ( 1971 )

Pannell, Judge,

dissenting. I think the ruling in the case of Hobbs v. New England Ins. Co., 212 Ga. 513, 516 (93 SE2d 653) controls this case.

The case of Smith v. Mullinax, 122 Ga. App. 833 (178 SE2d 909) does not show that the answers were before the court at the time of hearing, but only that the defendant was available for discovery and trial. I, therefore, joined the dissent in that case.

In the present case, the answers were before the court.