A. WOERMAN, Plaintiff in Error, vs. J. A. DOUGAN, Defendant in Error.

[January Term, A. D. 1900]

Appeal from the Court of Quarter Sessions and Common Pleas, Grand Bassa County.

Debt.

This is an appeal from the judgment and proceedings of the Court of Quarter Sessions, Grand Bassa County, at its March term, A. D. 1898. At the call of this case the defendant in error failed to appear either in person or by attorney, although cognizant of the fact that the case was docketed for review at this session of the court. Whereupon plaintiff in error motioned this court for judgment by default.

It being a well settled principle of law that whenever a party to a cause refuses or neglects to resist the claim of his adversary, or refuses or, neglects to appear at the trial, because of this default judgment may be rendered against him, this court is of opinion that the motion is well founded and therefore adjudges that the plaintiff in error is entitled to recover. Under the provisions of the statute laws, as soon as an imperfect judgment is given the court shall proceed to render a final judgment. The court therefore enters the following final judgment.

This court adjudges that the plaintiff in error, A. Woerman, recover from J. A. Dougan, the defendant in error, the sum of fifty-eight dollars and ninety-four cents, the amount of costs demanded in this action, as well as all lawful costs of this action, and the clerk of this court is hereby ordered to issue a mandate to the court below, as to this judgment.

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