WEBB, Judge.
1. The Civil Practice Act governs the procedure "in all courts of record..." CPA § 1 (Code Ann. § 81A-101).
2. In cases involving more than $300, the Civil Court of Fulton County is a court of record. Cole v. Cates, 113 Ga. App. 540, 542 (1) ( 149 S.E.2d 165); Estes Heating c. Co. v. McGuire, 113 Ga. App. 800 (1) ( 149 S.E.2d 831); Lymon v. Hollywood Fashions, Inc., 126 Ga. App. 627, 628 (1) ( 191 S.E.2d 473).
3. Where a provision of a special Act establishing a court of record conflicts with a provision of the Civil Practice Act, the latter controls. Gresham v. Symmers, 227 Ga. 616 (2, 3) ( 182 S.E.2d 764); Electro-Kinetics Corp. v. Wilson, 122 Ga. App. 171 ( 176 S.E.2d 604); Crosby v. Dixie Metal Co., 124 Ga. App. 169 ( 183 S.E.2d 59); Lee v. G.A.C. Finance Corp., 130 Ga. App. 44 ( 202 S.E.2d 221); National Health Services v. Townsend, 130 Ga. App. 700
(204 S.E.2d 299); Pate v. Milford A. Scott Real Estate Co., 132 Ga. App. 49 ( 207 S.E.2d 567); Yeargin v. Burleson, 132 Ga. App. 652 ( 209 S.E.2d 99) and cits.
4. CPA § 55 (a) (Code Ann. § 81A-155 (a)) and Rule 10 of the Rules of the Civil Court of Fulton County require that damages be proved before a jury in actions ex delicto which are in default. Ga. L. 1913, pp. 145, 165, § 39, as amended, providing that a defendant who fails to demand a jury trial in the Civil Court of Fulton County on or before the appearance day is deemed to have waived a jury trial, is inconsistent with CPA § 55 (a) and must yield thereto. Since the record here shows on its face that the default judgment on plaintiff's ex delicto claim was entered without damages having been proved before a jury, the judgment is void on its face and the trial court erred in denying defendant's motion to vacate that judgment.
Centennial Equities Corp. v. Hollis, 132 Ga. App. 44 ( 207 S.E.2d 573) does not require a different result, since it was there stipulated that the in personam (money) judgment taken by default was void, leaving only a special lien upon the property by default.
Judgment reversed. Bell, C.J., and Marshall, J., concur.
WEBB, Judge.
ARGUED JUNE 2, 1975 — DECIDED JUNE 18, 1975.