Moulton v. Ellmaker

By the Court, Currey, C. J.:

To the answer of the defendant the plaintiff demurred. The Court sustained the demurrer, and at the same time granted to the defendant, leave to file an amended answer within five days upon terms. The defendant omitted to avail himself of the leave granted, and, thereupon, his default was entered, and a judgment was rendered against him in accordance with the prayer of the complaint on the 31st of August, 1865, which was entered in the judgment book on the 5th of September thereafter. On the 16th of August, which was more than five days after the demurrer was…