Steele v. Wells

The judgment herein was by default. The appellant claims that the judgment must be reversed, for the reasons (1) that *368the justice lost jurisdiction in the case to render the judgment, and (2) because he did not wait one hour after 6 p. m. before the taking of the evidence submitted by the plaintiff. The return sets forth that:

“On the return day of the summons, to wit, the 8th day of July, 1898, said cause was duly called at 11 o’clock * * * of that day. The plaintiff appeared in person, and with his attorney, Emmet Blair. There was no appearance on the part of the defendant. The cause was…