Clein v. Wandschneider

The opinion of the court was delivered by

Scott, J.

The appellants, on October 4, 1894, recovered judgment by default against respondent Ben-ney as garnishee; and on November 14 sold certain property under an execution issued thereon. On November 28, Benney moved the court to vacate the judgment on the ground that it was obtained by reason of his mistake, inadvertence and excusable neglect; which motion w.as, on December 8, denied by the court; and on December 11, he made a motion for leave to renew his motion to vacate and set aside said judgment, pn substantially the same grounds as those…