Horwitz v. Franklin

VICKERY, PJ.

It was said in this court that it had a defense but there was no answer tendered in the court below setting up a defense nor was there any offer to prove what the defense was in the court below, but the notion seems to be prevalent that all it had to do during the term was to show that it had a good defense. Now that is where lawyers are mistaken. If service of summons is properly made and the return is properly made and judgment is ■ properly entered in the absence of the defendant by default, if it be a case where default judgment can be taken, or by proof of damages in such a…