Dowell v. Waller

RICE, j.

This was a suit by attachment, to enforce payment of house rent, instituted by appellee against appellant in the inferior court. Judgment in that court went for plaintiff, and defendant appealed to the circuit court, demanding a trial by jury. In the circuit court, the case being called for trial, defendant (appellant) came not, but made default. The damages being unliquidated, this question was submitted to the jury.

Defendant (appellant) appeals to this court, assigning as error the rendition of judgment by default. The particular errors pointed'out are (1) that no complaint was…