Thomas, Pusey & Co. v. Jones

Moore, Associate Justice.

The plaintiffs in error were sued as non-residents, and service was had upon them by-publication. Ho appearance having been made by them, a judgment by default was rendered in favor of plaintiff, Jones, for the amount found by the clerk to be due on the instrument in writing declared on in the petition.

It is assigned as error that no statement of the facts proven on the trial of the cause was made out and incorporated with the record of the case, as required by law. (Pas. Big., art. 1488.) As has been frequently held by the court, the statute is peremptory, and an…