Cox v. Williams

WILLIAMS, Justice.

On July 23, 1953, Russell K. Williams recovered judgment against defendants, Shannon Cox, doing business as Pure Ice Company, and John N. Dean, by default in an automobile collision damage action. Under the summons served defendants were required to answer- on or 'before the 20th day of that month. No,, answer or other pleading was timely filed by defendants,, hence the default judgment.

Upon July 25, defendants filed motion for new trial and upon July 31, motion to vacate the default judgment. The latter motion is predicated on unavoidable' casualty and misfortune which…