City of Starkville v. Thompson

BRADY, Justice:

After a review of the diminutive record in this cause and a study of the briefs and authorities cited therein, we reach the inescapable conclusion that, assuming the facts as alleged in the bill of complaint to be true (as we must on the demurrer), the Circuit Court of Oktibbeha County should have sustained a motion of the appellant to set aside the default judgment granted on June 12, 1968, at the October 1968 Term of Court. The circuit courts of this state have original jurisdiction of suits filed therein for damages based upon actions ex contractu and ex de-licto. An appeal…