Alexander v. Killebrew

321 So.2d 488 (1975)

Dalton ALEXANDER

v.

Mack L. KILLEBREW.

No. 48437.

Supreme Court of Mississippi.

November 10, 1975.

Johnson & Walker, Jackson, for appellant.

Barrett, Barrett & Barrett, Lexington, for appellee.

Before INZER, WALKER and BROOM, JJ.

BROOM, Justice, for the Court.

Default judgment of plaintiff, Killebrew (appellee, cross-appellant) on his suit based upon a note and a separate contract was vacated by the Circuit Court of Holmes County at a court term subsequent to the term in which the judgment was entered. Trial was then had on Killebrew's declaration against Alexander (defendant,…