Elstermeyer v. City of Cheyenne

Riner, Chief Justice.

One of the appellants, Edwin W. Baron, has filed a petition for a rehearing in this cause. It is again urged that no facts were disclosed in plaintiff’s amended petition setting out a meritorious defense to the City’s attempted foreclosure of its alleged lien for the improvement assessment. The question at once arises what should be regarded as a meritorious defense. I Black on Judgments (2d Ed.) 540, Sec. 348, says that:

“The defense, it is said, must be meritorious. By this we mean that it must be substantial and not merely technical, fair and honest and not…