First Nat. Bank of Big Springs v. Hartzog

FLY, O. J.

This is an action instituted by appellee to have a judgment set .aside at a term following that at which it was rendered against him. The court set aside the judgment.

The petition shows that the original suit was instituted on a promissory note executed by him and J. O. Setzer, and it is not alleged that the note was not a valid one, executed for a valuable consideration, nor that the consideration had failed in whole or in part, nor that appellee had any offset to the same, or had paid anything on it, or what his defense was to the note.

There is nothing pleaded as to the defense,…