Scottish American Mortgage Co. v. Reeve

The appeal is from a judgment rendered on default. The action is for the foreclosure of a real estate mortgage. It is urged that the complaint does not state facts sufficient to constitute a cause of action. That an appeal will lie from a default judgment is settled by our statute. Rev. Codes, § 5605. If the complaint is insufficient, the judgment must be reversed. All that a defendant admits by his default are the facts which are alleged in the complaint. At common law he could move in arrest of judgment when no cause of action was stated. In this jurisdiction he can accomplish the same…