Robb v. Ward

SMITH, Justice:

Charles Robb appeals from an order of the Circuit Court of Madison County declining to set aside a default judgment recovered against him by appellee, Jerry B. Ward, at a former term.

Ward sued Robb on January 15, 1971, alleging that Robb had willfully shot and killed his dog. A summons was issued and served upon Robb on January 24, 1971, as shown by the sheriff’s return endorsed upon it. At the ensuing term, Robb having failed to answer and having failed to enter his appearance, the default judgment from which Robb appeals was entered. The court term ended and court adjourned…