Farrell v. Mytys

Defendants were in default, relying upon abortive proceedings to secure a change of venue. Judgment was entered for plaintiff by default. Defendants moved to vacate the judgment and for leave to answer. An affidavit Of merits and a proposed answer were made. It is urged that these were not served on plaintiff’s attorneys, but plaintiff appeared at the hearing of the’motion, and did not resist the motion on that ground. The only tangible objections made to the granting of the motion were that there was an insufficient showing of merits, and that the answer did not disclose a defense. The trial…