[DOWNLOAD] "Walden v. Metzler" by Supreme Court of Arkansas * eBook PDF Kindle ePub Free
eBook details
- Title: Walden v. Metzler
- Author : Supreme Court of Arkansas
- Release Date : January 29, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The appellee sued the appellant a $700 account for labor and materials furnished in the construction of a dwelling. The summons
was served on January 16, 1956, but as a result of Walden's failure to bring the matter promptly to his attorney's attention
the defendant's answer was not filed until February 22. On motion of the plaintiff a default judgment was entered on October
15, the court being of the opinion that Acts 49 and 351 of 1955 mandatory require the entry of such a judgment when the defend
fails either to plead or to obtain an extension of time for pleading within twenty days after the service of summons. Ark.
Stats. 1947, 27-1135, 29-401, and 29-410. During the same term of court Walden's motion [227 Ark Page 783] to set aside
the default judgment was overruled, and he has appealed. Upon the facts now before us, which involve no suggestion of unavoidable casualty, the trial court was correct in his interpretation
of the 1955 statutes. The legislative intention that led to the enactment of Acts 49 and 351 must evidently be determined
by comparing these statutes with the law as it existed before their passage.