Sternberger v. Wright

Appellee procured a judgment by confession against appellant on April 14,1925, and the latter, on May 19, 1925, moved the court to open the same and for leave to plead. Appellant filed his affidavit in support of the motion in which he stated that he was not aware of the fact that the judgment was entered against him until he was served with an execution and that he then proceeded to use all his efforts for the purpose of employing counsel and making a defense. There was no showing as to the date of the service of the execution. The affidavit avers that the note which is the basis of the…