Fowler v. Smith

The defendant, Amelia Smith, sued on a promissory note, appeals, with her husband, from a judgment by default rendered against her, and assigns as errors apparent on the face of the record :

1. That the judgment was pronounced below without any evidence whatsoever, and without the note, on which the suit was brought, being exhibited to the court.

2. That the legal delay to file an answer, or to have the judgment by default set asido, was not afforded to her; and that the judgment by default was made final, before the lapse of three judicial days.

I. The clerk does not certify that the record…