Babington v. Gray

BEAIR, Justice.

This appeal is from an order overruling the motion of appellants to set aside a default judgment and grant them a new trial, appellants alleging (1) that they had not been served with citation and had not waived citation upon the cross-action of appellees, constituting the basis of the judgment; and (2) that their failure to appear and answer the suit on cross-action was due to the fact that counsel for appellees told them that the cause would not be tried at the term at which the judgment was rendered, but at the subsequent term of said court.

The original suit was filed by…