Trullenger v. Todd

By the Court,

Prim, J.:

This was an action at law to recover damages for breach of contract. The judgment was entered by default, for want of an' answer, by the clerk, in vacation, under an act passed by the Legislature in the year 1868, which provides that, “when the time for answering has expired, and it appears that the defendant has been duly served with summons, * * * the clerk shall enter the default of the defendant, and immediately thereafter enter judgment,!’ etc. Prom the certificate of the sheriff it appears that the summons had been served as follows: “I served the within summons,…