Moore v. Dawson

(dissenting). — The view' I take of this case compels me to dissent from the conclusion reached by Judge Bland. The motion sets out that defendant has a good and valid defense to the cause of action stated in plaintiff’s petition, the defense being that defendant never borrowed and never agreed to pay plaintiff the sum of $500, or any other sum.

The defendant was in no wise negligent. The moment he was served with summons, he employed an at torney. Nor was there bad faith, lack of diligence or any other manifestation of a disposition on the part of any one to trifle with the case. There is no…