Breckenridge ex rel. Calvert Fire Ins. v. Mebane

CAYTON, Chief Judge.

We are asked to review an order vacating a default judgment. The action was one against appellees for damages growing out of an automobile collision. An answer was filed on behalf of defendants, but on the trial date, October 6, 1949, neither they nor their attorney responded to the call. Plaintiff proceeded to prove his damages ex parte and judgment was ordered in his favor for $374.10, the full amount of his claim. The default judgment was entered on the docket on December 2, 1949.

On February 17, 1950, attorney for defendants filed a motion to vacate the judgment,…