Henderson v. Whaley

Plaintiff brought this suit to recover $234.75, as a balance due on an open account.

The suit was filed October 3, 1923, and domiciliary service was made on defendant on the same day.

On December 4, 1923, judgment by default was granted as prayed for.

Thereafter, on June 9, 1924, the defendant applied for and was granted a devolutive appeal to this court. The appeal' was lodged here on July 14, 1924.

The case was set for hearing on Tuesday, February 22, 1927. On that date appellant, through counsel, filed in this court a plea of proscription of three years in bar of the action.

Appellee has made…