Graham v. Atlanta Nat. Bldg. & Loan Ass'n

• Decision Date: 30 November 1899
• Citation: 34 S.E. 847,110 Ga. 278
• Parties: GRAHAM v. ATLANTA NAT. BUILDING & LOAN ASS'N.
• Court: Georgia Supreme Court

34 S.E. 847

110 Ga. 278

GRAHAM v. ATLANTA NAT. BUILDING & LOAN ASS'N.

Supreme Court of Georgia

November 30, 1899

Syllabus by the Court.

1. In an action by a building and loan association to foreclose a mortgage given to it by one of its members, it is not necessary for it to serve upon the mortgagor "a complete statement of the amount for which they claim judgment, fully setting out the amount claimed for principal, interest, fines, or penalties," until at least 30 days before the court at which judgment is to be taken. A plea in abatement by the mortgagor, filed at the first term, alleging that such notice was not served upon her, was demurrable, and the judge did not err in sustaining a demurrer thereto. Civ. Code, § 2392.

2. It is within the discretion of the court at the trial term to allow a default to be opened for providential cause or excusable neglect, or where, from all the facts, the court may determine that a proper case has been made for the default to be opened, on terms to be fixed by it. Under the facts disclosed by the record, the judge did not abuse his discretion in refusing to allow the default to be opened in this case. Civ. Code, § 5072.

Error from superior court, Sumter county; Z. A. Littlejohn, Judge.

Action by the Atlantic National Building & Loan Association against O. B. Graham. Judgment for plaintiff. Defendant brings error. Affirmed.

Chas, J. Graham and Edgar F. Hinton, for plaintiff in error.

W. F. Clarke, for defendant in error.

PER CURIAM.

Judgment affirmed.