Russell v. Hackett

Mr- Justice Prewitt

delivered the opinion of the Court.

Plaintiff, Harry Russell, sued defendants, Edgar Hackett and C. B. Taylor, for damages claimed to have been caused to his motor truck by their negligence. Hackett appeared in court and defended the suit, but Taylor, though called, did not appear in court, and when the case was called for trial, judgment by default was entered against Taylor on June 28, 1948. Thereafter, on the same' day, plaintiff Russell and defendant Hackett waived the jury trial which had been demanded by plaintiff in his declaration.

The case was then heard before the…