Hessong v. Wolf

In a proceeding instituted by appellee, judgment by default was rendered against appellants. Thereafter, during the same term of court, appellants Hessong, Swarm and Martin filed their joint motion to set aside the default on the ground of excusable neglect. Appellants Zainey and Zainey joined in a motion of like character. Each of the motions set up substantially the same facts, and each was supported by affidavit. The motions were overruled; the order-book entry of the court’s action being as follows: “Come the parties, and the court, being duly advised, now overrules the separate motion of…