Boody v. Sawyer

The petitioner was sued in the municipal court upon a demand for less than $100 for goods sold. He was .properly served with a proper original notice to there appear and answer on July-3, 1925, at 9 o’clock A. M., or judgment would be rendered against him. He failed to appear at thé hour fixed in the notice, and was adjudged to be in default. Thereafter, and within 10 days, petitioner filed in the municipal court a verified motion to set aside the default, alleging that his attorney was otherwise engaged in the district court between the hours of 9 and 10 o’clock on the day in question, and…