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Lawskills.com Georgia Caselaw
ALEXANDER v. ASKIN SQUIRE CORPORATION.
54940.
BELL, Chief Judge.
Action on contract. Fulton State Court. Before Judge Camp.
Plaintiff obtained a default judgment against defendant on a complaint alleging an indebtedness on a contract in a lump sum. Attached to the complaint was a notice stating that the amount claimed included attorney fees. After entry of the default judgment, defendant moved to set aside the judgment under CPA 60 (d) (Code Ann. 81A-160 (d)). The "nonamendable defect" alleged in the motion was that neither the complaint nor the notice attached thereto contained any allegation that attorney fees were authorized; and that the amount of the attorney fees was not separately stated.
Even if the notice for attorney fees failed to comply with the provisions of Code 20-506 (c) as contended, an issue that we do not decide, it would not afford a basis for setting the judgment aside under CPA 60 (d), supra for the claimed defect was amendable and was cured by the judgment. A judgment may not be set aside for any defect that is aided by verdict or amendable as a matter of form. Code 110-705; see Candler v. Orkin, 129 Ga. App. 721 (200 SE2d 909); and Veneer Mfg. Co. v. Hill, 72 Ga. App. 28 (32 SE2d 838).
D. Merrill Adams, for appellee.
John S. Graettinger, Jr., Carolyn S. Weeks, for appellant.
ARGUED JANUARY 16, 1978 -- DECIDED FEBRUARY 1, 1978.
Friday May 22 03:37 EDT


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