McDowell v. . Justice

This is a motion to set aside a judgment upon the ground of excusable neglect.

The summons was issued and served 9 March, 1910, returnable to a term of court beginning the first Monday after the first Monday in March, 1910. The complaint was filed 31 May, 1910.

At March Term, 1912, no answer having been filed, judgment by default and inquiry was entered against the defendant, but the judgment was not signed until January Term, 1913. (494) On 11 April, 1913, the defendant filed an affidavit in the action, and moved for and obtained a restraining order thereon.

On 21 August, 1913, the defendant…