McKenzie v. Wright McKenzie & Co.

The following order was entered in this cause in the court below:

“ On motion of defendant’s attorney it is ordered that the time for the defendant to plead herein be and is hereby extended tó and including Monday, January 10, A. H. 1898, at 10 o’clock a. m.”

Thereafter, and on Monday, January 10,1898, the default of defendant there, plaintiff in error here, was taken and entered of record.

The default order recites: “It appearing to the court that the defendant has failed to plead, as heretofore required by this court,” etc.

Judgment against the plaintiff in error was entered.

The only error…