Griffin v. Duty

GANNON, Justice.

By this appeal we are asked to hold that the trial court abused his discretion when he denied a motion for a new trial filed by defendant — appellant here — seeking to vacate a money judgment in favor of plaintiff — ■ appellee here. The judgment was rendered following a jury trial at which defendant was not present in person or by attorney. This absence, it is alleged in substance, was not intentional or the result of what in law amounts to the same thing — conscious indifference. It is also claimed — but not in the motion — that appellant had a meritorious defense and…