Altmeyer v. Fassig

Hatcher Judge:

This appeal involves the regularity of a default judgment.

The bill, seeking specific performance of a parol gift of land, was filed at April Rules, 1932. A demurrer to the bill was submitted the following June during a regular term, and the court mailed counsel a written memorandum on September 1st, in vacation, that the demurrer was overruled. An order was entered overruling the demurrer at a special term held on September 10th. The defendants tendered their answer on October 11th at a regular term. The .answer was rejected as not tendered in time under Code 1931, 56-4-56. The…