Rowe v. Spencer

Willie, Chief Justice.

The appellees brought this suit against the appellant to recover an amount claimed to be due upon a promissory note, and to foreclose a vendor’s lien upon *79a lot in the town of Brazoria. On the fifth day of the term to which the suit was returnable the plaintiffs below applied for a judgment by default, no answer having been filed by the defendant. Thereupon an attorney of the court stated that he had just been employed to defend the suit, and asked leave to file forthwith an answer in the causé. The court refused the request, and entered a judgment by default for the…