Du Pree v. Hart

FOSTER, Justice.

An action for the conversion of an automobile was filed by appellee against appellants December 22, 1939, and executed December 27, 1939.

On February 5, 1940, a judgment by default appears ov the minutes of the court with a writ of inquiry as to the damages. On February 6, 1940, defendants filed demurrer. On February 19, 1940, defendants filed a motion to set aside the judgment by default, because prior to the entry of judgment, defendants had filed demurrers and were not in default. Defendants also filed an affidavit setting up a meritorious defense.

The motion came on for…