Haggart v. Wheeler

The opinion of the court was delivered by

Marshall, J.:

The action is one to quiet title to real property. Service was by publication, and judgment by default was rendered in favor of the plaintiff. Within the time allowed by law, defendants John A. Rogers and Phil J. Cook filed their notices and applications to open the judgment and be allowed to defend under section 60-2530 of the Revised Statutes. The applications to open the judgment were denied, and John A. Rogers and Phil J. Cook appeal.

1. Were the answers sufficient to compel the court to set aside the judgment? Each of the answers in…