Irvine v. Eysenbach

The opinion of the court was delivered by

Marshall, J.:

The appellants, defendants named above, commenced this proceeding under section 60-2530 of the Revised Statutes to open a judgment which had been rendered against them by default on publication notice and to permit them to defend in the action. The application came on for hearing, when the court made an order sustaining an objection to the introduction of any evidence to sustain the application to open the judgment. From that order the defendants appeal.

*363The judgment by default in favor of the plaintiff and against the defendants was…