
    46741.
    BYRD v. S. H. McGUIRE REALTY COMPANY, INC.
    Argued January 5, 1972
    Decided January 18, 1972.
    
      Kendric E. Smith, for appellant.
   Jordan, Presiding Judge.

In the absence of any special statutory provisions governing default in eviction proceedings (see Code Ann. § 61-301 et seq.) the general practice (CPA § 55; Code Ann. § 81A-155) is controlling. See CPA § 181; Code Ann. § 81A-181. Thus the defendant in the present eviction proceeding was entitled as a matter of right to open the default, having filed within 15 days of the default a defense as provided by law, supported by a pauper’s affidavit in lieu of payment of costs, and the trial judge erred in overruling her motion to open the default and in thereafter granting a writ of possession as if she were in default, without conducting a trial of the issues in accordance with the procedures prescribed for civil actions in courts of record. See Code Ann. § 61-303.

Judgment reversed.

Deen and Clark, JJ., concur.  