Gainer v. Smith

Lively, Judge :

Plaintiff, Ivy Gainer, obtained this writ of error from an order entered in the Circuit Court of Barbour County setting aside a default judgment in her favor against A. D. Smith.

Plaintiff instituted an action of assumpsit against defendant Smith with process returnable to April rules 1923, which process was served on him February 21, 1923. On February 1, 1924, upon a writ of inquiry, a jury returned a verdict in favor of plaintiff for $3,000.00, and judgment was entered thereon Feb. 2, 1924. Defendant made no appearance until February 7, 1924, when by. counsel he asked leave to…