Dickason v. Mills

Mr. Jctstjce Sears

delivered the opinion of the court.

Defendant in error filed his declaration in this suit in the Superior Court against plaintiffs in error and others. It is claimed that he failed to file with his declaration a copy of the instrument in writing, the appeal bond, which was the basis of his suit. Plaintiffs in error did not appear, and judgment by default was entered against them. The only error assigned and urged by counsel for plaintiffs in error is that the court erred in entering the default when, as it is claimed, no default could be properly, entered because the…