Martin v. C. D. Harnett & Co.

STAYTON, Chief Justice.

Questions certified are:

“1. Between the passage of the Act of 1891, fixing appearance day as the second day of the term, and the passage of the Act of 1893, changing the time allowed the defendant for pleading from the fifth to the second day of the term, was it proper for the District Court to render a judgment by default in a ‘ trial of right of property ’ case on the second day of the term, under article 4835, which gives the defendant until ‘ the time prescribed for pleading’ in which to appear and join issue?”

Article 4835. declares: “ If the plaintiff appears, and…