Jolley v. Rutherford

At the trial term of this case in the court below,: counsel for the plaintiff “moved to dismiss the plea and answer of' defendants to said suit, on the ground that the written filing entered on the back of said plea did not appear to have been signed by the clerk ” of the court. Exception is taken to the action of *343the judge in holding that the answer of the defendants had not been duly filed, and that accordingly no issuable defense had been interposed. The minutes of the court showed that at the appearance term the case had been called in its order and marked in default. Counsel for the…