Carty v. Toro

This is a controversy over a strip of ground three and one-fourth feet wide in Montezuma. The question before us is whether the trial court abused its discretion in refusing to set aside a default judgment against appellant for possession and $50.00 damages. He contends that he has shown “excusable neglect” within the meaning of § 2-1068, Burns’ 1943 (Supp.), §173, Baldwin’s Supp. 1941. The evidence consisted of his affidavit and appellee’s counter-affidavit. Whether appellant has a meritorious defense which he may present if the default be set aside, a question we need not decide, received…