Quote from stu:
"failure to respond to a summons and complaint served on a party in the time required by law."
Contrary to your uninformed conclusions, Obama was not summoned to appear. How exactly is it a default not to respond to something not there.
Already said, Under State Law a Georgia Administrative Law Judge does not have the authority to compel testimony. He must refer to a superior court for that authority to be given.
In his findings, Mahili did not judge that Obama had defaulted against any summons. Under more normal circumstances Mahili could have decided to enter a default order where either side did not participate further in the proceedings. However, he did not make one, and his 'default order' in these not normal circumstances ie. not a trial court, could only have been in the form of his recommendation to Kemp, Georgia Secretary of State. Nothing more.
You're using a law dictionary to play at armchair lawyer. LOL!
Quote from jem:
1. what a bunch of crap... Obama produced a document on the internet. So lets give him the benefit of the doubt as I did here on ET.
But now it looks like a court will examine the evidence... lets see if he proffers his document as evidence to the court or he proffers nothing and begins the appeal process.
I am the agnostic here... you and AK are fundamentalist zealouts.
....
Quote from jem:
you are such a tiny brained fool. It was predicted you will try and distort facts.
the definition also says...
"A defendant who fails to file an answer or other legal response when it is due can request that the default be set aside, but must show a legitimate excuse and a good defense to the lawsuit."
Obama did not respond to subpoenas and he did attend a hearing.
If you're all that bothered about this zombie thread you might be better asking your brain dead weather reporter to stop resurrecting it with more birther horseshit long after it had gone quiet.Quote from Ricter:
Zombie thread, shoot it in the head! shoot it in the head!!
Jem, what's the weather going to be like in SD this coming weekend?
Quote from stu:
Oily Titz, filed suit.
A motion to quash was filed.
Administrative Judge, not a trial judge, says he wants a hearing.
There is no subpoena with authority to make Obama appear.
In all practical and legal respects, Obama could not actually default, as the Georgia Administrative Court does not have the authority to make Obama appear or to testify in order TO default.
Oily Titz sent a subpoena to eveyone and his dog and to Hawaii. Hawaii did not comply, did not appear, nor did its agents. They did not default either. In that case Oily Titz was told to go and jump.
The only default here is the one the Judge could have issued to find in favor of plaintiffs as part of his of his recommendation.
He did not. He could not have made a formal default in law anyway without authority from the superior court.
You quoting law dictionary definitions which apply to trial law, merely shows your ignorance.
He rejected the birthers flat, again telling Oily to go jump, according to law. He did not find Obama in default according to law.
This was a Georgia Admin court not a trial court. Still raining in your particular version of lala land, is it bird brain?
Talk about blatant back peddling, so much so now you've met yourself going backward.Quote from jem:
Stu said...
"The only default here is the one the Judge could have issued to find in favor of plaintiffs as part of his of his recommendation."
Which has been my sole point.
Obama chose to do nothing, submit nothing and send no one to the hearing... and thereby risk a default judgment rather than produce evidence of eligibility.
Quote from jem:
Neither he, his lawyer, nor his evidence showed up at the hearing.
That is a default.
Quote from jem:
And by the way... he is still at risk.
There is now an appeal pending in Superior Court.
At some point a court could find against him or remand and give obama a few days to provide proof or face a default judgment.
Quote from stu:
Talk about blatant back peddling, so much so now you've met yourself going backward.
What about this.......
Not a default in this instance. You've now conceded that much above, in your usual dishonest way . Now you say it's to "risk a default judgment " What suddenly happened to your law dictionary analysis that decrees a default where one has not actually taken place yet?
The only default here is the one the Judge could have issued
Yes Jem ... you are joke. No idea about Georgia State Code. Uninformed of legal procedure. Oblivious to how a Georgia administrative court works as compared to trial court ... and for some reason apparently unaware of how you show your dumb ignorance every time you post.
yeah and at some point birthers could find pigs might fly. You idiot.