Oakdale Heat & Light Co. v. Seymour

The following opinion on rehearing ivas filed January 8, 1908. Former judgment of affirmance vaca,ted, judgment of district court reversed and judgment of county court affirmed:

Sedgwick, C. J.

The first proposition stated in the syllabus of the opinion upon the former hearing is: “It is error for a county court to enter final judgment against a defendant on the day of his default.” We are satisfied that this is a correct proposition of law only as it relates to the default for answer upon the first day of the term. Section 12, ch. 20, Comp. St. 1905, we think has been misapplied in the…