DocketNumber: 45069
Citation Numbers: 121 Ga. App. 759, 175 S.E.2d 43, 1970 Ga. App. LEXIS 1346
Judges: Whitman
Filed Date: 5/19/1970
Status: Precedential
Modified Date: 11/7/2024
This case involves a default judgment. The complaint in trover alleged that the defendant, appellant, was in possession of a certain described automobile to which plaintiff claimed title. The complaint was in the Jack Jones form permitted by an Act approved December 27, 1847. Ga. L. 1847, p. 204; Cobb’s Digest 1851, p. 490.
There being no answer filed by the defendant within the time allowed therefor (Code Ann. § 81A-112 (a); Ga. L. 1966, pp. 609, 622, as amended), and there being no opening of such default as the defendant might have done as a matter of right within the time allowed therefor (Code Ann. § 81A-155 (a); Ga. L. 1966, pp. 609, 659, as amended), and there being no motion under oath, or otherwise, showing providential
Although the entry of final judgment was invoked by the plaintiff by a motion for summary judgment, the order thereon recites that it is based on the fact of no defense and no appearance, i.e., default. The complaint was sufficient as setting forth a claim for relief and was not subject to a motion to dismiss. It has not been shown that the plaintiff has received a judgment where no claim in fact existed. Morris v. Townsend, 118 Ga. App. 572 (164 SE2d 869).
Judgment affirmed.