Poston v. State Highway Department

The opinion of the Court was delivered by

Mr. Justice Carter.

This appeal is from an order of Honorable R. W. Sharkey, Judge of the Civil Court of Florence, wherein he refused to vacate or set aside a judgment rendered against the State Highway Department, the appellant, taken in its ab sence, or by default, at the call of the case for trial. The pertinent facts are to be found in Judge Sharkey’s order overruling appellant’s motion, from which order we quote:

“On or about January 10, 1939, the plaintiff served upon the defendant his summons and complaint asking judgment against the defendant in…