Lee v. Spikes

Cook, J,,

delivered the opinion of the court.

The appellee, Y. B. Spikes, sued the appellant in the circuit court on a certain promissory note. At the return term in November, 1925, counsel representing the ap pellant secured an order of the court granting her thirty days’ additional time within which to file a plea. No plea, however, was ever filed, and at the next regular term of the court, which convened on April 5', 1926, the cause was set for trial on April 15, 1926. On that date a judgment was entered which recites that:

“This cause coming on to be heard this day, came the plaintiff in…