Goodhue v. J. Meyers & Co.

West, Associate Justice.

A judgment by default was taken on the 18th of November, 1882, by appellees against the appellant for three hundred and thirty-one TV¡r dollars ($331.76), being on an open account for goods, wares and merchandise sold to him.

On the 20th of November, 1882, appellant filed his motion to set aside this judgment, and to permit him to file an answer setting up just and meritorious defenses to the appellees’ cause of action. The motion was based on two grounds: first, the serious sickness and absence from that cause of his attorney to whom he had confided the duty of filing…