Fleetwood v. Equitable Mortgage Co.

1. When a case, brought after the enactment of the practice act of 1895, was at the appearance term marked in default, the defendant could not at the trial term invoke the exercise of the court’s discretion in opening the default, without showing that the failure toplead at the proper time was due to “providential cause” or “excusable neglect.”

2. If at the trial term of such a case the judge upon being informed by the defendant’s counsel that he intended to file a motion to open the default remarked, “You can file your motion for this purpose, and you can notify plaintiff’s counsel, and in…