Calkins v. Smalley

This writ is for the purpose of reviewing an order of the district conrt denying the motion of the defendant, who is here as plaintiff in error, to vacate the judgment rendered against him, without sufficient notice of trial, for $3,140, and which also awarded a body execution for one year.

In his motion he prays that the judgment be vacated, and for a trial on the merits, for the reason that the judgment was taken against him through mistake, inadvertence, surprise, and excusable neglect.

The case stood at issue .on the docket on the complaint, answer, cross-complaint, and reply, for seventeen…