Fitzwater v. Harris

328 S.W.2d 501 (1959)

Bessie Franz Scott FITZWATER et al., Appellants,

v.

William HARRIS, Appellee.

No. 5-1929.

Supreme Court of Arkansas.

November 9, 1959.

Orion E. Gates, Monticello, for appellants.

John F. Gibson, Dermott, for appellee.

McFADDIN, Justice.

This appeal necessitates a study of Act No. 53 of 1957. The question posed is the correctness of the Circuit Court ruling which refused the plaintiffs a default against the defendant because of his failure to file answer within twenty-one days after service of summons.

Here is the chronological order of events:(a) On January 22, 1958 appellants, as…