Ingalls v. Lamar

Mary J. Ingalls brought her equitable petition against Henry J. Lamar Jr., as trustee for H. J. Lamar Washington, returnable to the November term, 1900, of Bibb superior court. During that term, on March 29, 1901, upon the call of the appearance docket, the case was marked “In default.” On April 17 following, during the April term of the court, the defendant, having paid all of the accrued costs in the case, moved to open the default and to file his demurrer and answer. The motion was in writing, and it was alleged therein that the movant had not filed his defense, upon the call of the…