Mercer v. Mercer

This is an appeal from an order denying the motion of appellant to vacate decree, set aside default and for leave to file answer or plea.

Appellee filed a bill for divorce on May 10, 1932, the summons being made returnable to the May term of the Madison county circuit court, which convened on the fourth Monday of May.

Appellant was not served with summons but entered her appearance in writing on the day the bill was filed. On May 13, 1932, the court entered a rule upon the appellant to answer instanter. The appellant, nor anybne for her, was in court, and default was taken against her, the…