Henderson v. Gibson

Cocieran, J., delivered the opinion of this Court: It appears from the record in this case, that the appellants, having obtained a judgment in the Court of Common Pleas for Baltimore city, against Elliot Johnson, caused an attachment to he issued thereon, at the January term of 1855, and laid in the hands of the appellee, which was duly returned by the sheriff, at the following May term of that Court. The appellee failing to appear on the return of the writ, a judgment by default was entered against him on the loth of May 1855. At the January term 1856, after the lapse of the preceding May and September terms, without further action taken by either party, the Court, on motion of the appellee, ordered the judgment by default to be stricken out, and permitted him to appear and plead. At January term 1860, the appellants replied, and upon the joinder of issue, filed interrogatories, which were answered by the appellee, denying funds, &c.

The appellants, after ²³⁸ offering evidence, at the trial of the case, to show the time and manner of striking out the judgment by default, took their exception thereto, and we have now to consider whether, under the circumstances, the question raised can be entertained as a ground for reversing the judgment from which this appeal was taken. In view of the cases decided by this Court, we think-there can be no difficulty in disposing of the question. The judgment by default, by the lapse of the term at which it Avas entered, without motion or other proceeding had upon it, became final and absolute, and the appellants were undoubtedly entitled to an appeal from the order of the Court striking it out. Green vs. Hamilton, 16 Md. Rep., 317 .

Walters & Harvey, vs. Munroe, 17 Md. Rep., 505 . Graff & Gambrill