Miller v. Burton

— The appellant filed the complaint contained *225in the record asking that a default and judgment entered against him be set aside. The appellees demurred to the complaint, and the parties submitted the matter to the court for decision.

Filed Dec. 12, 1889.

The complaint does not show an excuse for failing to appear and defend the original action. The facts bearing upon this question are these: On the 29th day of June, 1886, the appellees caused a summons to be issued, and, by proper endorsement, noted the 15th day of July, 1886, as the day on which the appellant was required to appear. Before the…