Nicholson v. Thomas

Opinion of the Court by

Stanley, Commissioner

Reversing.

This is a suit to set aside a .default judgment.

In August, 1925, the John L. Humbard Construction Company, a corporation, filed suit against a number of property owners in Middlesboro, including J. C. Thomas and wife, to enforce street improvement liens. The case lay dormant for 12 years. In August, 1937, there was lodged in the clerk’s office, and then entered on the order book, an order reciting that the right, title and interest of the Construction Company, both in the subject matter of the suit and the right to prosecute it, as well as…