Opinion
54940.
ARGUED JANUARY 16, 1978.
DECIDED FEBRUARY 1, 1978.
Action on contract. Fulton State Court. Before Judge Camp.
John S. Graettinger, Jr., Carolyn S. Weeks, for appellant.
D. Merrill Adams, for appellee.
Plaintiff obtained a default judgment against defendant on a complaint alleging an indebtedness on a contract in a lump sum. Attached to the complaint was a notice stating that the amount claimed included attorney fees. After entry of the default judgment, defendant moved to set aside the judgment under CPA § 60 (d) (Code Ann. § 81A-160 (d)). The "nonamendable defect" alleged in the motion was that neither the complaint nor the notice attached thereto contained any allegation that attorney fees were authorized; and that the amount of the attorney fees was not separately stated.
Even if the notice for attorney fees failed to comply with the provisions of Code § 20-506 (c) as contended, an issue that we do not decide, it would not afford a basis for setting the judgment aside under CPA § 60 (d), supra for the claimed defect was amendable and was cured by the judgment. A judgment may not be set aside for any defect that is aided by verdict or amendable as a matter of form. Code § 110-705; see Candler v. Orkin, 129 Ga. App. 721 ( 200 S.E.2d 909); and Veneer Mfg. Co. v. Hill, 72 Ga. App. 28 ( 32 S.E.2d 838).
Judgment affirmed. Shulman and Birdsong, JJ., concur.