Hubbard v. Fidelity & Casualty Co. of New York

YOUNG, Justice.

The appeal was from entry of default judgment for $1,694.29, plus $300 attorney’s fee, taken December 27, 1954, following appellee’s suit on sworn account; appellant admitting timely service of citation requiring him to file answer thereto “at or before 10 o’clock A. M. of the Monday next after the expiration of 20 days after the date of service hereof * * Hubbard’s motion to vacate said judgment by default or for new trial was filed January 21, 1955 and disposed of on January 25 by denial of same after the hearing of testimony.

In 1953 Hubbard had been engaged in building…