Smith v. Borden

Maxwell, Ch. J.

In April, 1885, the plaintiff filed his bill of particulars before one Henry Wilcox, a justice of the peace for Harlan county, claiming from defendant the sum of $12.90, with interest from October 13, 1884, for goods sold and delivered to said defendant by David Brothers & Co., which account was assigned to plaintiff. The cause coming on for trial on the 27th day of April, the parties appeared by their respective attorneys, and the case was continued by consent to the 27th day of May. On that day, defendant failing to appear and plaintiff appearing by his attorney, judgment by…