Sioux County v. Kosters

This appeal involves the construction of Code Section 3790 in relation to Section 3515. These sections read:

“Default may be set aside on such terms as to the court may seem just, among which must be that of pleading issuably and forthwith, but not unless an affidavit of merits is filed, and a reasonable excuse shown for having made such default, nor unless application therefor is made at the term in which default was entered, or if entered in vacation, then on the first day of the succeeding term.” Section.3790.

“If the petition is not filed by the date thus fixed, and ten days before the…