Smith v. Globe & Rutgers Fire Insurance Co.

Hart, C. J.,

(after stating the facts). It is the settled law of this State that one who asks to be relieved from a judgment on the ground of unavoidable casualty preventing the defendant from making a defense to the action, the party asking to be relieved from the judgment must show merit; otherwise the court would be asked to do the vain thing of setting aside a judgment when it would be its duty to enter again the same judgment upon a re-trial of the case. It is not required of the defendant to establish his case conclusively-, but he must make out a prima facie defénse, the- final…