Thornton v. Eoff

This is an appeal from' an order and judgment overruling motion to vacate' a default judgment and for a new trial. The specifications of error are presented under two propositions: (1) Unavoidable casualty, misfortune, accident, and surprise, which prevented defendant from presenting his defense; and (2) error of court in rendering default judgment against the defendant in the face of the pleadings on file in said cause on behalf of the defendant stating a defense to plaintiff’s action, and to which the defendant had no opportunity to except.

The action was brought upon a promissory note…