Georgia, Florida & Alabama Railway Co. v. Sheppard

Sheppard sued the railway company in a justice’s court, for damages on account of the killing of two of his hogs in the running of its train. He verified his cause of action by an affidavit. The defendant was duly served, but failed to appear at the call of the case at the first term. The magistrate thereupon entered a judgment by default, in favor of the plaintiff, for the amount claimed in the summons. The railway company brought the case to the superior court by certiorari, on the ground that the judgment was rendered without any evidence. At the hearing the judge of the superior court…