Gregg v. Johnston

TURNAGE, Judge.

Mel Gregg obtained a judgment against Carl Johnston and a mechanic’s lien on certain property owned by Johnston by default. In this action Johnston filed a petition in which he requested the court to set aside the default judgment and appeals following the order of the court which denied relief.

On this appeal Johnston claims the evidence shows the default was taken against him as a result of surprise and mistake which was not Johnston’s fault, and that Gregg admitted the grounds asserted in Johnston’s petition because Gregg did not file an answer to such petition. Affirmed.

On…