J. R. Watkins Co. v. Bankston

This case was remanded for the purpose of taking evidence on the question of acquiescence in the judgment, which acquiescence was pleaded as a ground for dismissal of defendants’ appeal.

Instead of taking evidence, the parties have agreed in writing, “that the motion to dismiss and plea of acquiescence be withdrawn and that the case be submitted on the question of validity of the contract sued in this case”.

The judgment appealed from was obtained on a confirmation of default. The record contains no note of evidence, but we must assume that the trial judge did not permit the default to be…