Ward v. Ringo

delivei’ed tbe opinion of the court.

This case comes before us by a writ of error. The judgment was by default. The record does not show that a judgment nisi had been taken on the second day of the term, as is required by our practice. The final judgment is as follows, i. e.:

“In this case a judgment nisi was entered on a former day of this term, and the defendants failed to file their answer within the time prescribed by law, but made default. It is therefore considered by the court that the plaintiif have and recover of the defendants his debt, one hundred and ninety-eight dollars and…