Brown v. Hollenbeck

Opinion by

GheeNE, J.

In tbe court below judgment was rendered against Brown by default. But it appears that on the day previous, and within the time required by rules of court, a plea had been filed.

The practice is too well settled to admit of doubt, that judgment by default 'cannot-be entered if a plea in bar is on file in the case. Davis v. Brady Morris 101; Elliott v. Leak 4 Miss. 540; Conell v. Marks 1 Scam. 391; Manlow v. Beuner ib. Harris v. Muskingum Man. Co. 4 Blackf. 267; Maddox v. Pulliam 5 Blackf. 205.

The decisions are uniformly to the effect, that after a plea is filed in a case,…