Johnson v. Johnson

BURCH, C.

This is an appeal from an order vacating a default judgment. The record shows a sufficient affidavit of merits coupled with a sufficient answer, and the only question meriting consideration is the sufficiency of the showing as to excusable neglect.

Defendant’s showing was to the effect that he was foreign born, had never had any experience in court proceedings, *342and thought the case would come on at a term of the court when and where he could be heard. While the showing is not strong, it is sufficient; the facts being very similar to the facts in the case of Rosebud Lumber Co. v. Serr,…