Johnson v. Gernert Bros. Lumber Co.

OPINION op the Court by

Stanley, Commissioner

Reversing.

The petition in equity of the appellant, Mrs. Della 5. Johnson, against the appellee, G-ernert Bros. Lumber Company, seeks the vacation of a default judgment, an. injunction restraining the selling of her property under execution, and a new trial. Sections 340, 344, 518, Civil Code of Practice. She appeals from the judgment rendered for the defendant.

A different and stricter rule applies to an action of this kind than to an application to set aside a default judgment rendered at the same term as is pointed out in Cleveland v. Couch, 231…