Griffith v. Wyatt Lumber Co.

Taliaferro, Judge.

Plaintiff, alleging physical injury to himself while performing the duties of his employment with defendant, sues to recover workmen’s compensation. Pursuant to prayer therefor, the District Judge fixed the case for hearing at the hour of 10 o’clock A. M., November 17, 1938. During motion hour the morning of that day, presumably at or about 10 o’clock, defendant having filed no pleadings, plaintiff, through counsel, moved for judgment on the face of the papers as is authorized by Paragraph 3 of Section 18, Act No. 20 of 1914, as amended by Act No. 85 of 1926. Simultaneous,…