Clarke v. Higdon

HOOD, Judge.

Plaintiff-appellee sued defendant-appellant for $450 on a complaint designated as being one on account stated. Judgment by default was taken.1 A motion to set aside the default judgment was denied. Thereafter plaintiff moved for leave to file an amended complaint and for judgment thereon. This motion was denied toy Judge Myers, the record indicating that plaintiff’s attorney failed to appear. The motion was renewed before Judge Fennell who dismissed it without prejudice, apparently because of no record showing the excuse for plaintiff’s counsel’s nonappearance at the previous…