
    Murphy & Hayden v. English & Murphy et al.
    Judgment at Same Term Answer Filed, without Citation or Appearance.
    It is error to render judgment against a defendant on a cross petition, during the same term it was filed, without citation or appearance, or a waiver of it not appearing in the record.
    APPEAL FROM LINCOLN CIRCUIT COURT.
    December 18, 1868.
    
      Bradley, for appellant.
    
    
      Owsley, Burdett, for appellee.
    
   Opinion of the Court by

Judge Robertson :

Whatever may have been the pretermitted proof on the answer and cross-petition of the Shankses, it was premature and erroneous to render judgment prejudicial to the appellant, during the same term it was filed without citation or appearance or a waiver of it not appearing on the record.

Wherefore, the judgment of the circuit court is reversed, ' and the cause remanded for further proceedings.  