Superior Court for Law and Equity, Robertson District.
December 1807.
Where time is given the defendant to plead, the plaintiff is entitled to judgment by default, not on the first day of the next term, but when the case is called in course; the judgment to be entered as of the last term, and a writ of inquiry executed immediately.
On the first day of the term MARR moved for judgment by default, as no plea had been put in.
Per Curium.
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 is his plea, — this has not been done, but we cannot entertain the motion until the cause is called in course, when a judgment by default
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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.[1]