Smith v. Jones

The defendant appealed from a judgment in the District Court which revived a former judgment which had been rendered against her on December 11, 1931. The judgment appealed from was rendered on confirmation of default on February 23, 1942, a preliminary default having been entered on January 23, 1942, or thirteen days previously.

Admittedly, the only issue presented by the appellant was one of prescription, the contention being that she was not timely and seasonably cited and served with the plaintiff's petition asking and praying that the judgment of December 11, 1931, be revived. On that…