Davis v. Freeman

Duckworth, Justice.

The court allowed the defendant to file an answer after the trial had opened and was in progress. He had not previously filed any plea; and it is contended that the court erred in allowing tire filing of the answer at this stage of the case. While it is conceded that the plaintiff could not have obtained a judgment in the divorce suit by default (Code, § 30-113), it is contended that he was in default as to all other matters. However, even if it would have been proper for the judge to mark the defendant “in default,” as provided in the Code, § 110-401, for failure to file…