Fisk v. Baker

On Petition for a Rehearing.

Buskirk, C. J.

A very earnest and elaborate petition for *540a rehearing has been filed in this case. The point decided on the original hearing was, that a defendant who had suffered a judgment to be rendered against him by default, in an action to recover the possession of real property, and who had taken no steps to have the default set aside, had no right to have a new trial as a matter of right under section 601 of the code.

In the brief filed in support of the petition, it is strenuously contended that such ruling is wrong in principle, and is in conflict with the…