Panesi v. Boswell

Panesi sued Boswell & Ball in replevin for a soda fount and three show oases, the writ being returnable to the June Term, 1869, of the Common Law Court of Memphis. On the 6th of July, 1869, the suit was dismissed for want of a declaration, and judgment by default entered, with an order for a writ of inquiry *324to assess the damages at the same term. The writ of inquiry was executed on the 15th of July, and the damages assessed.

At the same term, and two days after the judgment was rendered, the plaintiff moved the court to set aside the judgment and reinstate the case on the appearance docket. In…