Dickson

This is an appeal from a final judgment, and included in the appeal is a review of an order of the trial court refusing to quash service of summons. This court on June 23, 1922, affirmed the judgment. Rehearing was granted.

The respondent leased to the appellant certain real property at an agreed rental of $250 per month. Default being made in the payment of rent, the respondent gave notice, in conformity with the terms of the lease, that the estate of the appellant was terminated and thereafter commenced this suit in a justice’s court. The appellant demurred therein to the complaint. The demurrer was sustained. Thereafter the justice erroneously transferred the cause to the superior court. After the filing of the papers in the clerk’s office, that official issued a summons to the appellant, requiring her to appear and answer the complaint within three days, instead of the usual ten. This summons was served upon the appellant and in due course, no answer having been filed, a judgment by default was entered against her. Thereafter she moved the court for certain relief. This motion is stated in the bill of exceptions in the following words: “That on the 7th day of July, 1921,…