Brenton v. Lewiston

Presented here for consideration is the question of whether or not the district court properly set aside a default judgment against the appellee Rundel. That involves a determination of the issue concerning the appearance or nonappearance in the cause by said appellee through the execution of a bond to discharge an attachment.

Preliminary facts leading up to the pivotal point first demand attention. Appellant; on December 4, 1922, filed his petition in Boone Cotinty, seeking to recover certain rents from N. Lewiston, Ellen’ J. Lewiston, and Ralph Lewiston, defendants' therein, and prayed for…