R. H. Macey & Co. v. Chancey

I concur in the judg-

ment of reversal, and offer some additional reasons why I deem it to be correct. To authorize the setting aside of a judgment (unless it be absolutely void) the motion must show that the defendant had a meritorious defense and that failure to interpose it at the proper time resulted from excusable neglect.

“The motion must show that he has a good and meritorious defense to the action, not merely by so alleging, but by setting forth fully the facts which constitute the proposed defense, except in cases where the judgment is absolutely void, when no defense need be shown.”…