Wilson v. Jones

*366The opinion of the court was delivered by

Burch, J.:

The appeal was taken from an order of the district court refusing to set aside a judgment, the journal entry of which reads in part as follows:

“The plaintiff shows to the court and the court finds that the defendant has been duly and personally served with summons in the above-entitled cause, and that he has failed to answer, demur, or otherwise plead herein, and is in default.

■“Thereupon the said plaintiff waived a jury, and presented his evidence to the court, and after hearing the evidence, and the court being fully advised in the…