Cairo & St. Louis Railroad v. Holbrook

This was assumpsit, brought by appellee against appellant, to the October term, 1872, of the St. Clair circuit court, which term began the fourth Monday of the month. The summons was served and the declaration filed in time for that term, the latter containing only the common counts for work and labor, money paid, laid out and expended, and money found due upon account stated.

On the third Thursday of the term, and pursuant to a rule of the court, the defendant’s default was taken, for want of plea, etc., and a writ of inquiry was awarded by the court to assess the damages. On the fifth…