Roth v. Nash

The plaintiff herein formerly obtained, in this action, a money judgment against the defendants by default. Thereafter, in the same action, the defendants filed a petition, supported by affidavits, seeking to have the default judgment set aside. Plaintiff filed controverting affidavits, and upon the issues thus presented a trial was held before the court aided by a jury which had been called for the sole purpose of determining a factual issue tendered by the petition. In response to certain interrogatories, the jury returned answers favorable to the defendants on the question of fact. The…