Thomas v. Arnold

Appellee sued appellant on a promissory note for $1,500, dated April 12; 1934, due one year after date with interest from date at 6 per cent. Appellant answeréd denying all the material allegations of- the complaint, but without setting up any affirmative defense. The case was set for trial for October 30, 1935; at which time appellant made default. A jury was empaneled, evidence heard, and a verdict rendered for appellee on the instruction of the court so to do, upon which judgment was entered. Within apt time a motion for a new trial was filed in which it was alleged that the court was…