Interlink Cotton Gin Co. v. Elmer Tallant Insurance Agency

WRIGHT, Presiding Judge.

Defendant appeals from the denial of a motion for new trial.

Plaintiff brought suit on account for an unpaid insurance premium. Defendant counterclaimed for breach of an agreement to insure. The complaint and counterclaim were brought to issue and set for trial by jury. Defendant and counterclaimant moved for and was granted a continuance to the next scheduled docket.

At the next setting, on January 24, 1978, the record contains a judgment entry by default after jury verdict in favor of plaintiff and dismissal of defendant’s counterclaim for want of prosecution. Such…