General
Fowle and Daingerfield v. Robert W. Bowie
3 D.C. 2913 Cranch 291·United States Circuit Court of the District of Columbia·1828
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Opinion
Fowle and Daingerfield v. Robert W. Bowie.
Although the term should continue beyond the rule-day, the plaintiff is entitled to judgment by default, if the defendant did not plead by that day.
The rule to plead expired in November, 1827. The May term was continued by adjournment beyond the rule-day. The defendant pleaded in abatement on the 6th of December, 1827, during the adjourned May term.
The plaintiffs’ counsel, contended that it was too late, and that judgment should be entered by default.
Mr. Key, for the defendant,
contended that if he pleaded before the expiration of the term in which the rule was laid, he was in time.
[MAJORITY]
But the Court {nem. con.) was of opinion that the rule-day being before the expiration of the term, made no difference; and that the plaintiffs were entitled to judgment by default.