Smith v. Wordeman

Plaintiff was granted a default judgment against 'defendants in the court below. Thereafter, on application of defendants, the trial court made an order vacating the default judgment with leave to appear and answer, from which order plaintiff has appealed.

The fact showing of respondents in support of their motion below, stated most favorably to them, may be thus summarized: Being served with the summons and complaint, they took the same to their attorney. They discussed the facts with him, were told they had a good defense, auhorized! him to interpose an answer, and he said he would do so.…