Cash v. E'Town Furniture Co.

WILLIAMS, Judge.

A transitory action was instituted by ap-pellee against appellant in the Hardin Circuit Court. The appellant, a resident of Jefferson County, was served with summons in Jefferson County and made no defense to the action. After default judgment was taken against him appellant moved the court to quash the return of summons and hold the judgment void. That motion was overruled.

The issue of law presented is whether a judgment by default may be rendered against a defendant in a transitory action where the defendant is not a resident of the county in which the action was brought,…