Middlebrooks v. Barron

1. “At the trial term the judge in his discretion, upon the payment of costs, may allow the default to be opened for providential cause preventing the filing of a plea, or for excusable neglect, or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall oiler to plead instanter, and shall announce ready to proceed with the trial.” Civil Code (1910), § 5656. Consequently,…