Fitzwater v. Harris

Ed. F. McFaddin, Associate Justice.

This appeal necessitates a study of Act No. 53 of 1957. Tbe question posed is the correctness of the Circuit Court ruling which refused the plaintiffs a default against the defendant because of his failure to file answer within twenty-one days after service of summons.

Here is the chronological order of events:(a) On January 22, 1958 appellants, as plaintiffs, filed action in the Drew Circuit Court against the appellee, William Harris. The complaint sought damages for plaintiffs because of an alleged traffic mishap.(b) Summons was served on defendant, Harris,…