From Casetext: Smarter Legal Research

Byrd v. S. H. McGuire Realty Company, Inc.

Court of Appeals of Georgia
Jan 18, 1972
125 Ga. App. 297 (Ga. Ct. App. 1972)

Opinion

46741.

ARGUED JANUARY 5, 1972.

DECIDED JANUARY 18, 1972.

Eviction. Fulton Civil Court. Before Judge Wright.

Kendric E. Smith, for appellant.


In the absence of any special statutory provisions governing default in eviction proceedings (see Code Ann. § 61-301 et seq.) the general practice (CPA § 55; Code Ann. § 81A-155) is controlling. See CPA § 181; Code Ann. § 81A-181. Thus the defendant in the present eviction proceeding was entitled as a matter of right to open the default, having filed within 15 days of the default a defense as provided by law, supported by a pauper's affidavit in lieu of payment of costs, and the trial judge erred in overruling her motion to open the default and in thereafter granting a writ of possession as if she were in default, without conducting a trial of the issues in accordance with the procedures prescribed for civil actions in courts of record. See Code Ann. § 61-303.

Judgment reversed. Deen and Clark, JJ., concur.

ARGUED JANUARY 5, 1972 — DECIDED JANUARY 18, 1972.


Summaries of

Byrd v. S. H. McGuire Realty Company, Inc.

Court of Appeals of Georgia
Jan 18, 1972
125 Ga. App. 297 (Ga. Ct. App. 1972)
Case details for

Byrd v. S. H. McGuire Realty Company, Inc.

Case Details

Full title:BYRD v. S. H. McGUIRE REALTY COMPANY, INC

Court:Court of Appeals of Georgia

Date published: Jan 18, 1972

Citations

125 Ga. App. 297 (Ga. Ct. App. 1972)
187 S.E.2d 339

Citing Cases

Daniel v. Federal National Mortgage Assn.

It might be added that this view would seem to be the view taken by the Court of Appeals of Georgia if…