Gulf, C. & S. F. Ry. Co. v. Kellum

WELCH, Justice.

Herein it was shown that the defendant, after summons, acted with some diligence, and in full purpose to contest the plaintiff’s claim, but became in default in the action solely at the fault and neglect of the defendant’s attorneys and/or their employees, though in view of the organization of the work of representation of defendant in the firm of attorneys there are extenuating or excusing circumstances in this case; and, that, with promptness after the entry of the default judgment, the defendant filed motion to vacate the judgment, and therewith tendered an answer stating a…