Choate v. Martin

Plaintiff Martin sued to recover from defendant Choate a $500 deposit incident to a contract for purchase of land by Martin from Choate. The defendant failed to answer. The Chancellor after hearing evidence rendered judgment by default for the plaintiff. Defendant appeals.

Defendant does not deny the fact of his default in the Chancery Court. He relies upon our holdings to the effect tliat even after default a defendant may appeal from a judgment rendered on a complaint which fails to state facts sufficient to constitute a cause of action. Railway Co. v. State, 58 Ark. 39, 22 S. W. 918;…