McLemore v. Gullett

AYRES, Judge.

This is an action upon an open account instituted by plaintiff in the City Court of the City of Monroe. The question on appeal concerns the venue of the trial court.

Defendant made no appearance prior to judgment which was accordingly rendered against him. A plea of improper venue was in the mail addressed to the court but it was not received until the day following the entry and signing of the judgment. In appealing from the judgment, defendant contends that it was prematurely entered and that the plea filed by him was timely.

Service was made upon the defendant January 24, 1968.…