BROOM, Justice, for the Court.
Default judgment of plaintiff, Killebrew (appellee, cross-appellant) on his suit based upon a note and a separate contract was vacated by the Circuit Court of Holmes County at a court term subsequent to the term in which the judgment was entered. Trial was then had on Killebrew's declaration against Alexander (defendant, counter-claimant below; appellant, cross-appellee here), and on Alexander's counterclaim against Killebrew. Alexander...
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