Trigg v. Gray

This is an appeal from the order o-f the district court overruling a motion to vacate and set aside judgment in favor of appellee against appellants, which judgment recited that it was by default, though the answer of appellants was on file. The motion was made within two days after the judgment was entered, and at the same term of court.

The rule is well settled that, to entitle the complaining party to vacate such a judgment, it must be made to appear that he has a meritorious defense, and that he has a good excuse for not presenting same at the trial. Or, to state it differently, that he…