State Collection Bureau, Inc. v. Roybal

COMPTON, Justice.

Appellant, defendant below appeals from an order denying his motion to vacate a judgment, assertédly a default judgment.

The complaint was founded on contract and the material allegations were put in issue by answer. The answer also set ■forth four affirmative defenses. Pursuant to notice by mail to the parties, dated October 31, 1956, the cause was set for trial November 30, 1956. On the day set, appellant failed to appear. Nevertheless, a hearing ex parte was had and judgment was rendered for appellee. Subsequently, on January 23, 1957, appellant filed a motion to vacate the…