Ellis v. Gore

Lively, Judge:

Judgment by default having been entered against Morgan and Gore, plaintiffs in error, on January 12, 1925, they appeared later in the term on February 4, 1925, and moved the court to vacate the default judgment and award a new trial, supporting the motion by affidavits, and tendered a plea of non-assmnpsit. From an order refusing to set aside the judgment and grant a new trial, Morgan and Gore obtained this writ.

It appears that Morgan and Gore being indebted to S. E. Ellis, the husband of Edna F. Ellis (defendant in error), executed to him their negotiable promissory note dated…