Grubey v. White

Appellee recovered a judgment by default against appellant for the sum of §355 and costs of suit. Appellant moved the court to sot the judgment aside, without showing any diligence or any excuse for not making his defense at the proper time, but alone upon the ground that the debt on which the judgment was based was a gambling debt, growing out of transactions and deals in “puts” and “calls” on the open board of trade.

Counsel for appellant bases his argument in favor of setting aside the judgment upon Sec. 135, of Chap. 38, R. S., which section is as follows:

“ All judgments, mortgages,…