Thompson v. Lowman

OPINION

By WISEMAN, J:

This is an appeal on questions of law from the judgment of the Common Pleas Court of Fayette County, overruling motion of defendant-appellant to vacate and set aside the default judgment theretofore entered in said cause and in overruling defendant’s motion for leave to file an answer.

At the time of the filing of the default judgment, the defendant was in military service. The defendant failed to file an answer or other pleading, until notified that a default judgment had been taken and that the matter was set for hearing for the purpose of assessing damages.…