Presnell v. . Beshears

Tbe motion to set aside the default judgment heretofore entered in the cause was based upon the ground that the plaintiff’s complaint upon which the judgment was rendered did not state facts sufficient to constitute a cause of action against the defendants. There was no evidence or finding that the failure of the defendants to answer was due to excusable neglect. However, the court below being of opinion that the complaint was demurrable, and that defendants had a meritorious defense to the action, struck out the judgment and permitted the defendants to plead.

The effect of the failure of the…