Bartlett v. Cohn

In May, 1925, defendant in error brought an action at law against' the plaintiff in error. The declaration was in the common counts and laid damages in the sum of $4000.00. There was no appearance or pleadings on the part of defendant below, plaintiff in error here, so judgment was taken by default and execution was issued thereon in March, 1927. A motion for stay of said execution was seasonably made and denied and writ of error was taken to that judgment.

The motion for stay of execution was made pursuant to Section 2829, Rev. Gen. Stats. (Sec. 4515 Comp. Gen. Laws of Fla. 1927) and is…