McMillian Lumber Co. v. First Nat. Bank of Eutaw

Plaintiff, appellee, had judgment by default on March 27, 1923. Service was had on February 26, 1923. Defendants had 30 days after service in which to answer. The judgment, in the absence of an appearance by defendants/ was premature by one day, and erroneous for that reason. Ivey v. Perry, 97 Ala. 583, 12 South. 65. However, defendants on the same day, March 27th, filed a plea of the general issue, .and the contention for appellee is that thereafter, the court then sitting in regular term, the cause was triable without regard to whether 30 days had elapsed since service, and that the court…