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DARBY v. MAYOR &c. OF STATESBORO

17696.

208 Ga. 705 (1952)

69 S.E.2d 248

DARBY et al. v. MAYOR &c. OF STATESBORO.

Supreme Court of Georgia.

Decided February 13, 1952.

Attorney(s) appearing for the Case

Wm. J. Neville, W. G. Neville and J. P. Dukes, for plaintiffs.

Geo. M. Johnston, for defendants.

HEAD, Justice.

F. W. Darby and wife filed an action against the "Mayor and Councilmen of the City of Statesboro," and process was issued against the "Mayor and Council of the City of Statesboro." A judgment by default was rendered against the defendant, and on the day following, a motion was duly filed to vacate and set aside the judgment. After notice and a hearing, the motion was sustained and the petition of the plaintiffs dismissed. The order of the trial judge...

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