Linker v. Batavian National Bank

Numerous are the reasons assigned by the defendants for setting aside the judgment and for the grant*489ing of a trial upon the issues of fact and law in the cause. The plaintiff vigorously resists the defendants’ attempt to reopen and vacate the judgment upon any of such bases. In the main the defendants’ contentions are as follows: The complaint does not state a cause of action upon which a default judgment can be placed; there was in full force and effect at the time of the entry of the judgment an order of a court commissioner granting defendants time to answer; the defendants appeared in…