Smith v. Saint

WRIGHT, Presiding Judge.

This is an appeal from an order setting aside a judgment in default on a third party complaint originally filed in district court.

Appellant Robert Smith was defendant in a suit in district court by John Deere Company for detinue of certain farm equipment. The complaint claimed damages in the amount of $5,000. Smith answered denying the allegations of the complaint and filed a third party complaint against appel-lee Elbert Saint. The complaint alleged that Smith had purchased the farm equipment in question from Saint, and that if John Deere recovered of Smith, Smith…