St. Paul Fire & Marine Ins. v. Earnest

On Motion for Rehearing.

The motion for rehearing attacks the original opinion in so far as it holds that the error, if any, has not been properly presented either by the record or by appellant’s brief. While the affirmance was based primarily upon these defects, we did say in the original opinion that the appellant did not show in its motion for new trial that it had a meritorious defense, and that the motion was further insufficient in that it showed that there has been no diligence exercised in filing an answer in time to prevent a judgment by default. We did not enlarge upon this phase .of…