Opinion
42834.
SUBMITTED JUNE 12, 1967.
DECIDED JUNE 22, 1967. REHEARING DENIED JULY 18, 1967.
Garnishment. Lee Superior Court. Before Judge Marshall.
Charles W. Hill, for appellant.
Smoak Bell, for appellee.
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.
SUBMITTED JUNE 12, 1967 — DECIDED JUNE 22, 1967 — REHEARING DENIED JULY 18, 1967.
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.
Judgment affirmed. Bell, P. J., concurs. Pannell, J., concurs specially.
I concur with the judgment in this case under authority of Aycock v. Royal Ins. Co., 46 Ga. App. 299 ( 167 S.E. 551).