New v. New

HIGGINS, Justice.

The wife sued her husband for separation from bed and board on the grounds of habitual intemperance and cruel treatment, and prayed for alimony and an attorney’s fee.

The suit was filed on February 24, 1936, and due to the fact that defendant’s attorney became confused in regard to the court’s term, he failed to file an answer, and judgment by default was entered on March 16, 1936. On the same day, defendant’s counsel discovered the action taken by plaintiff’s attorney and hastily drafted a motion for a new trial and an answer to the merits, which he immediately filed. Both…