Stamm & Co. v. Boaz Spinning Co.

Bell, Chief Judge.

Plaintiff sued the defendant to recover on open account. Defendant answered and counterclaimed. Thereafter an order was entered on November 8, 1972 reciting that the case came on to be heard by the court without a jury; that plaintiff failed to appear in person or by counsel; that upon motion the plaintiffs complaint was dismissed; and that after hearing evidence of the defendant the latter was granted a money judgment. On November 22, 1972 a verified motion was filed by plaintiffs attorney to set aside the judgment on the ground that plaintiff failed to appear when the case…