McBride v. Cowan

This is an appeal from the judgment of the district court sustaining a demurrer to plaintiff’s evidence. The suit was brought by.plaintiff in error, McBride, to set aside a default judgment for $3,000, which in a previous suit, defendant in error, Bert Cowan, had obtained against plaintiff in error, McBride, for damages for personal injuries alleged to have been sustained by Cowan, while in the employ of McBride, as a well driller, and to have been caused by McBride’s negligence.

A review of the proceedings in the damage suit of Cowan against McBride is nec-essaiT' to a determination of the…