Chandler & Taylor Co. v. Southern Pacific Co.

By the Court.

The petition in error shows that the plaintiff in error recovered a judgment by default against the defendant in error at the October term, 1917, of the court of common pleas. *470On December 28, 191ft at the same term of court, defendant in error filed a motion to set aside the default judgment. This motion was continued from term to term, and when heard was granted by the court of common pleas, which then gave leave to file an answer.

Error is prosecuted by the original plaintiff, who contends that the court of common pleas abused its discretion in setting aside the default judgment.