Owen v. Piel Paint Co.

Quillian, Judge.

1. While the petition avers that it is brought to set aside the judgment, so that defensive pleadings might be filed, it set forth no “providential cause preventing the filing of a plea or for excusable neglect” or facts showing a proper case had been alleged for opening the default and setting aside the judgment as provided by Code (Aon.) § 110-404.

2. The evidence was in sharp conflict as to whether the plaintiff’s counsel assured the movant that the suit on account would not be brought to trial. It follows that the issue was one of fact for the determination by the judge to…