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Action on insurance policy. Habersham State Court. Before Judge Adams.
In Martin v. Prior Tire Co., 122 Ga. App. 637, 638 (178 SE2d 306), it was held: " 'A motion to set aside a judgment must be predicated upon some defect apparent upon the face of the record (Sweat v. Latimer, 119 Ga. 615 (46 SE 835)) and it is error to set aside a judgment upon such a motion on the ground that the movant had never been served, when it affirmatively appears upon the face of the record that the movant had been served (citations omitted).' Chas. S. Martin Dist. Co. v. Southern Furnace Co., 88 Ga. App. 339 (1) (76 SE2d 662). Code 110-702, 81A-160 (d); Golden Star, Inc. v. Broyles Ins. Agency, 118 Ga. App. 95 (162 SE2d 756); Northern Freight Lines, Inc. v. Fireman's Fund Ins. Companies, 121 Ga. App. 786 (175 SE2d 104). Cf. Norris v. South Side Atlanta Bank, 93 Ga. App. 511 (92 SE2d 230)."
In the case sub judice the defect alleged could only be reached by going behind the face of the record, and thus this pleading does not meet the requirements of a motion to set aside. The denial of the motion was not error.
Joseph A. Griggs. for appellee.
Jerome C. Ware, for appellant.
SUBMITTED JUNE 5, 1972 -- DECIDED JULY 11, 1972.
Friday May 22 14:59 EDT

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