SMITH v. EVERETT

No. 55302.

483 So.2d 325 (1986)

William L. SMITH v. Moses EVERETT.

Supreme Court of Mississippi.

February 5, 1986.


Attorney(s) appearing for the Case

Lindia P. Robinson, Jackson, for appellant.

James B. Grenfell, Lee & Grenfell, Jackson, for appellee.

Before WALKER, P.J., and HAWKINS and ROBERTSON, JJ.


ROBERTSON, Justice, for the Court:

This appeal requires that we vacate the Circuit Court of Hinds County's affirmance of a default judgment entered in the County Court. We take this action because the County Court failed to respect the requirement of Rule 55(b), Miss.R.Civ.P., that, in cases where judgment by default is sought against a party who has made an appearance in an action, that party is entitled to at least three days prior written notice of the application...

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