Schieffer v. Patterson

PHILLIPS, Chief Justice.

This is a suit for damages for personal injury incurred in an automobile collision. Although duly served with citation, the defendant in the court below failed to file an answer. After hearing evidence of the damages sustained by the plaintiffs, the trial court entered default judgment against the defendant. Thereafter the defendant filed a motion to set aside judgment by default and asked for a new trial.

Following a hearing ón defendant’s motion, the trial court entered an order overruling defendant’s motion to set aside judgment by default and for new trial “except…