Bryant v. Gibbs

OPINION

By the Court,

Eather, J.:

This is an action by respondent Bert Gibbs, against appellant Herman Bryant, Jr., for recovery of wages due upon termination of employment, together with penalties and counsel fees as allowed by statute.

The record in- the case reveals that on October 2, 1951, the action was commenced and that on October 17, 1951, the summons in the action was served upon the defendant. On October 29, 1951, being the twelfth day after service of summons, default was entered against the defendant for his failure to appear in the action. On the day following the entry of the…