Robertson v. Cannon

• Decision Date: 31 December 1807
• Citation: 1 Tenn. 262
• Parties: ROBERTSON v. CANNON.
• Court: Tennessee Circuit Court

1 Tenn. 262

ROBERTSON

v.CANNON.

Superior Court of Law and Equity of Tennessee.

December, 1807.

On the first day of the term Marr moved for judgment by default, as no plea had been put in.

Per Curiam. Powell and Overton, JJ.; contra, Campbell, J.

The motion is improper at this time. At the last term three months were allowed the defendant to put in his plea--this has not been done, but we can not entertain the motion until the cause is called in course, when a judgment by default may be entered as of last term, and a writ of inquiry executed immediately, thereby putting the plaintiff in as good a situation as if the pleadings had been made up.^a1

a1. Tidd's Pr., 135, 6th Dub. ed., 1796.