FITZWATER v. HARRIS

No. 5-1929.

328 S.W.2d 501 (1959)

Bessie Franz Scott FITZWATER et al., Appellants, v. William HARRIS, Appellee.

Supreme Court of Arkansas.

November 9, 1959.


Attorney(s) appearing for the Case

Orion E. Gates, Monticello, for appellants.

John F. Gibson, Dermott, for appellee.


McFADDIN, Justice.

This appeal necessitates a study of Act No. 53 of 1957. The question posed is the correctness of the Circuit Court ruling which refused the plaintiffs a default against the defendant because of his failure to file answer within twenty-one days after service of summons.

Here is the chronological order of events:

(a) On January 22, 1958 appellants, as plaintiffs, filed action in the Drew...

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