Duggar v. Lackey

Bleckley, Chief Justice.

Lackey having brought suit against Duggar on a promissory note, an unconditional contract in writing, the case was answered to by counsel at the appearance term, but no plea was actually filed. The general issue, however, is, under the code, considered as filed as a legal incident of appearance and answer. At the trial term, during the second week, the case was called out of its order on the docket at the instance of plaintiff's counsel, and in the absence of the defendant. The defendant’s counsel being present, objected, and moved the court to postpone any final…