Davis v. McBride

John A. Fogleman, Justice.

Appellee brought an action against appellants and one Ivan Bose to recover for damages to his boat. He alleged that Bose, Giessow and Davis d/b/a Prairie Creek Boat Dock were engaged in the business of storage of watercraft. He asserted that the damage occurred while the boat was held in storage by appellants for compensation. A default judgment was rendered against appellants upon their failure to answer. After the expiration of the term at which the judgment was rendered, appellants filed a complaint alleging that, by reason of misfortune and unavoidable casualty,…