Kelly v. Serviss

This is an appeal from a judgment entered in a justice court in favor of the defendant. The plaintiff took her appeal on January 13, 1943, and it was seasonably entered in Rut-land County Court. The defendant did not enter an appearance on the appeal within the time fixed by P. L. 1476 and the plaintiff filed a motion for a default under the provisions of that statute. The clerk noted that motion on the docket but made no special entry of a default. The clerk accepted and filed a general appearance by the defendant March 9, 1943. The defendant filed no motion making a specific request to have…