State ex rel. Borland v. Judge of the Second Judicial District

The judgment of the court was delivered by-

Spencer, J.

The facts upon which relator bases this application for mandamus are as follows :

In the suit of E. Borland, Jr., vs. Effingham Lawrence, plaintiff had judgment by default entered on tenth May, 1876, against defendant bn his failure to answer. On twenty-fourth day of October, 1876, defendant filed, as a peremptory exception founded on law, the plea of three and five years prescription, and prayed “ that the judgment by default be set aside and plaintiff’s petition dismissed without the necessity of a trial on the merits, and for general…