P. E. Fitzpatrick & Co. v. Hessler

WESTERFIELD, Judge.

This is a suit on an open account in the stun of $411.16. Plaintiff obtained judgment by default, and a devolutive appeal was prosecuted to this court. The defendant Ernest J. Hessler filed an affidavit in this court in which it was alleged that on the day that the judgment by default was entered he was absent and unrepresented because of the fact that his counsel had agreed with opposing counsel to continue the case and he (defendant) had confirmed this agreement in a personal conversation with plaintiff’s counsel. Because of the reasons stated in the affidavit referred…