Jones v. Vines

Bleckley, Judge.

The action was complaint, on the written contracts for the delivery of cotton. It was brought to April term, 1875. At April term, 1877, it was called for trial. On the bench docket was an entry by the clerk, thus: “ Plea filed at April term, 1875, and delivered to W. E. Smith.” W. E. Smith was one of the attorneys for defendant. ITe stated that he did not have the plea among his papers, and knew not where it was; that he had not attended the court for the last two terms, and did not remember the defense; that his client was absent, for what reason he knew not; and that he…