Opinion
43249.
SUBMITTED JANUARY 5, 1968.
DECIDED JANUARY 11, 1968.
Trover. Whitfield Superior Court. Before Judge Pope.
F. Kelly McCutchen, for appellants.
James M. Barnes, for appellee.
Where in an action of trover in the superior court (in which it does not appear on the face of the petition or by exhibits attached thereto that the action is based upon a bill of sale to secure debt, conditional sale contract or other security instrument), the case becomes in default for failure of the defendants to demur, plead, or answer, and thereafter the trial court enters a judgment for the alleged value of the property converted without introduction of any evidence as to value and without submitting the question of value to the jury, such action is error. Ben Hyman Co. v. Solow, 101 Ga. App. 249 ( 113 S.E.2d 489); Code § 110-401 (Ga. L. 1953, Nov. Sess., pp. 440, 451); Williams v. Linn, 108 Ga. App. 629, 631 ( 133 S.E.2d 892). The defendants have the right to contest the amount of damages before a jury. Id.
Judgment reversed. Jordan, P. J., and Deen, J., concur.