Breckenridge v. Leslie

MERRILL, Justice.

Petition for mandamus to require Honorable Whit Windham, Judge of the 10th Judicial Circuit, to show cause why he should not grant a motion to set aside a judgment by default, entered on January 5, 1959.

Plaintiff filed a complaint for $1,400, as the balance due on certain personal property, as evidenced by a promissory note, and also had a count in detinue for the property.

The defendant-petitioner was served on Tuesday, December 2, 1958. Under Tit. 7, § 248, Code 1940, defendant was required to plead, answer or demur within 30 days or by Thursday, January 1, 1959. This being…