Gilbert v. New Mexico Const. Co.

OPINION OF THE COURT

WATSON, J.

In an action for negligence, plaintiff obtained an interlocutory judgment of default on. October 12, 1929, and a final judgment pursuant thereto and to evidence' adduced and findings made, on November 2d. On November 7th a motion was made to vacate the final judgment, which was granted on November 25th, with permission to the defendant to answer, and conditioned on payment of $150 counsel fees. Plaintiff appeals.

Appellee’s showing in support of its motion excluded willful or intentional default; but we shall concede, for the purpose of this discussion, that it…