1. The Civil Practice Act governs the procedure "in all courts of record . . ." CPA 1 (Code Ann. 81A-101).
4. CPA 55 (a) (Code Ann. 81A-155 (a)) and Rule 10 of the Rules of the Civil Court of Fulton County require that damages be proved before a jury in actions ex delicto which are in default. Ga. L. 1913, pp. 145, 165, 39, as amended, providing that a defendant who fails to demand a jury trial in the Civil Court of Fulton County on or before the appearance day is deemed to have waived a jury trial, is inconsistent with CPA 55 (a) and must yield thereto. Since the record here shows on its face that the default judgment on plaintiff's ex delicto claim was entered without damages having been proved before a jury, the judgment is void on its face and the trial court erred in denying defendant's motion to vacate that judgment.
Centennial Equities Corp. v. Hollis, 132 Ga. App. 44 (207 SE2d 573)
does not require a different result, since it was there stipulated that the in personam (money) judgment taken by default was void, leaving only a special lien upon the property by default.
Cobb, Blandford & Werbin, Samuel N. Werbin, for appellee.