Aetna Finance Company of Albany v. Lee County Manufacturing, Inc., 116 Ga. App. 200, 156 S.E.2d 374 (1967)
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Judgment affirmed. Bell, F. J., concurs. Pannell, J., concurs specially.
Summary
Judgment affirmed. Bell, F. J., concurs. Pannell, J., concurs specially.
Text
Smoak & Bell, for appellee.Charles W. Hill, for appellant.
Where the record shows that a letter asserting itself to be an answer to a summons of garnishment was filed within the time required for filing, and the court, being unaware of this filing, signed a default judgment against the garnishee, a motion to set aside the judgment was properly granted.
This is an appeal from an order setting aside a default judgment entered against a garnishee.
The garnishee was served with summons of garnishment on August 12, 1966, and the garnishee submitted to the clerk a letter stating that it was "in answer to a summons . . ." This letter was not under oath. The court, with no knowledge of this letter, signed a default judgment against the garnishee on the first day of October, 1966.
On October 11, 1966, the garnishee filed an answer under oath, and on October 25, 1966, filed a motion to set aside the default judgment. The appeal is from the order setting aside the default judgment.
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.
PANNELL, Judge, concurring specially. I concur with the judgment in this case under authority of Aycock v. Royal Ins. Co.,
1967
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