Westmoreland v. West

This is an appeal from an order striking defendants’ petition and supplemental petition to vacate a judgment which had been entered on an ex parte hearing November 30, 1956.

The complaint was filed January 17, 1952. An answer was filed January 30, 1952, denying the allegations of the complaint. It was almost five years before the case was assigned for trial — November 30, 1956. On that same day, defendants failing to appear, jury was waived and the court found for plaintiff, assessing damages for $10,000. Judgment was entered thereon with the provision that execution issue immediately.

The…