Walthour v. Mock

Frankum, Judge.

1. Plaintiff filed an action on a note against the defendant. The defendant failed to file any defensive pleadings, and a judgment was taken on August 10, 1959. On August 9, 1960, the defendant filed a motion to set aside the judgment, which motion contains allegations that the “plaintiff as a privey [sic] to the First Finance Corporation” had filed a prior suit upon the same cause which had terminated in favor of the movant when a general demurrer was sustained to the petition; that such judgment has never been set aside; that the movant had no knowledge of the instant case in…