A-One Building Co. v. Yee

OPINION OF THE COURT BY

PARSONS, J.

This case is before us upon plaintiffs interlocutory bill of exceptions to an order of tbe circuit court vacating judgment and setting aside default. The action was in assumpsit and to enforce a materialman’s lien under tbe provisions of section. 2895, R. L. 1925. Tbe declaration was filed February 12, 1930. Defendant’s answer, a general denial, was filed March 3, 1930. On Wednesday, September 24, 1930, at 9 A. M. tbe case was called for trial, tbe plaintiff responding but there being no further appearance by or on behalf of tbe defendant. Tbe defendant not…