Tate v. Delli

Richards, J

This is an action at law for damages and is grounded on alleged néjgligence on part of defendant. On July 2,1935, the second day of the July term, an entry was made by the trial court declaring defendant in default for want of appearance or pleading. On July 19, 1935, judgment upon default was rendered against defendant for $1,500 and costs. On August 3, 1935, during the same July term, defendant filed a motion to set aside the default and judgment, accompanied by affidavit of merit, and at the same time filed answer to the petition. At some time prior, to these dates the trial…