Lockhart v. Memphis & L. R. R.

The declaration in this case was filed March 21,1888, within the first three days of the term to which the writ was returnable, and strictly in accordance with law and the practice of the court. Thomp. & S. Code Tenn. 4238; Mill & V. Code Tenn. 5010. The defendants, by the next succeeding section of the Code, had “the first two days after the time allotted for filing the declaration” to appear and demur or plead; “otherwise the plaintiff may have judgment by default,” says the same section. Thomp. & S. Code Tenn. 4239; Mill & V. Code Tenn. 5011. But they did not do this, nor did the plaintiff…