Higinbotham v. Atwater

Plaintiff in error, who was plaintiff in the municipal court, secured a default judgment in an action brought upon a promissory note. This judgment was obtained in the January term; to be exact, it was obtained on February 3, 1919, a day of said term. On the next day, being also a day in said term, the defendant filed a motion to vacate the judgment, and an affidavit in support thereof; and upon February 15th, being also a day in said term, the court granted the motion and set aside the judgment.

To this action of the court the plaintiff excepted and filed his petition in error in this court…