Wannemacher v. Vance

This is an appeal from an order of tbe district court of Stark county made on August 15,1911, vacating a judgment rendered in said court on August 15, 1910, and granting defendant leave to defend in said action. We are asked to reverse sucb order upon tbe ground that tbe making therefore was an abuse of discretion. Tbe facts necessary to an understanding of tbe controversy are as follows:

Tbe action is in claim and delivery to recover tbe possession of two borses and was commenced on March 5, 1908, by tbe service of tbe summons and complaint, together with tbe usual affidavit, notice, and…