Leviston v. Standard Historical Society

This is a petition for review of an action in which judgment was entered against the petitioner by default. In the trial Court, the petition was denied on the ground that, although it was alleged and fairly sustained by the evidence that the petitioner had a defense to the action and intended to present it at the trial, the attorney she employed negligently failed to enter his appearance and defend the case. Exceptions to the denial of the petition were reserved.

When judgment is rendered on default against an absent defendant, he is entitled “of right” to a review. R. S., Chap. 96, Sec. 5. If…