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Lawskills.com Georgia Caselaw
JONES v. ROYAL GLOBE INSURANCE COMPANY.
51571.
BELL, Chief Judge.
Action on account. DeKalb State Court. Before Judge Mitchell.
A default judgment was entered against the defendant on April 29, 1975. On July 15, 1975 defendant filed a motion with exhibits to set aside that judgment showing that the debt sued on was a corporate one and not the individual debt of defendant. The trial court denied the motion. Held:
The record consists only of the complaint alleging that defendant was indebted to plaintiff, personal service on the defendant, a failure by defendant to serve a timely answer, and a judgment by default. Nowhere does it appear on the face of the record or pleadings that the debt was that of a corporation. As a non-amendable defect on the face of the record or pleadings has not been shown, there is no basis to set this judgment aside under CPA 60 (d) (Code Ann. 81A-160 (d)).
Lazarus, Stokes & Kaplan, John H. Watson, for appellee.
Robert A. Sneed, Allen F. Townsend, for appellant.
SUBMITTED JANUARY 12, 1976 -- DECIDED JANUARY 19, 1976.
Saturday October 11 01:11 CDT


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