Pound Mill Coal Co. v. Pennington

On July 30, 1955, appellee, Rex Pennington, filed complaint in the Leslie Circuit Court by which he sought to recover damages from appellants, Pound Mill Coal Company and Blue Ridge Mining Company. Appellants were properly served with summons. Appellants failed to file answer or otherwise make an appearance in the action. The case was assigned to the November term of court for trial. When the action was called for trial, appellants did not appear. Appellee moved that the allegations of the complaint be taken as true. The court sustained the motion; heard evidence as to the extent of…