Mississippi Supreme Court January 15, 1844 (McAdams v. Massey)

Mr. Justice Clayton

delivered the opinion of the court.

This was an action of debt brought by the defendant in error, against the plaintiffs in error. No plea was filed in their behalf but instead of entering a judgment by default, a jury was empannelled to pass upon the issue, there being in fact no issue for their determination.

*662This is assigned as error, and is the only point involved.