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  5. 227 S.E.2d 695 (1976)
 

OVERNITE TRANSP. CO. v. BARNETT'S, INC.

Record Nos. 750960, 750961.

227 S.E.2d 695 (1976)

OVERNITE TRANSPORTATION COMPANY v. BARNETT'S, INC. OVERNITE TRANSPORTATION COMPANY v. WHITE FRONT SUPPLY COMPANY.

Supreme Court of Virginia.

September 2, 1976.

Attorney(s) appearing for the Case

Charles B. Flannagan, II, Bristol (Woodward, Miles & Flannagan, Bristol, on brief), for plaintiff in error.

Douglas G. Campbell, Tazewell, for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

CARRICO, Justice.

Under Rule 3:5, Rules of Court, a defendant is in default if, within 21 days after service upon him of a notice of motion for judgment, he fails to file responsive pleadings. But is a defendant who appeals a judgment of a general district court in default under Rule 3:5 for failure to file responsive pleadings within 21 days after service of notice that the appeal has been docketed in circuit court? This is the novel question presented here.

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