Dister Corp. v. Northco, Inc.

Opinion

The plaintiff brought this action to recover the proceeds of a cash bond posted as a court-ordered condition of dissolution of a mechanic’s lien that the plaintiff had filed on certain real property. On October 21, 1996, the named defendant was defaulted for failure to appear, and on February 28,1997, the trial court rendered judgment in favor of the plaintiff for $10,062.95 plus costs.

*765The named defendant’s motion to open the judgment was denied from the bench by the trial court on May 19, 1997. The court denied the motion because it was not verified by the oath of the named defendant…