Wileman v. Mayor of Tullahoma

W. W. Wileman and wife brought this suit against Town of Tullahoma to recover damages for injuries to realty which resulted when defendant raised the level of a street.

Defendant failed to plead, so a default judgment was entered against it; and the case was submitted to a jury, in an ex parte proceeding, to assess the damage. Judgment was entered on a verdict of $3,250.

Defendant filed a motion to set aside the default judgment, which was overruled.

It, also, filed a motion for new trial on the following-grounds :

“1. Because there is no material evidence to support said verdict.

“2. Because the…