State Ex Rel. Medley v. Markey

This is an original action filed by the relators for a writ of mandate against the respondent to expunge the records of the court of the entry setting aside after term and ex parte a default judgment. An alternative writ issued. The default judgment was obtained on December 27, 1949, and, on oral motion, was set aside on February 10, 1950, without notice to relators or their attorney. On February 17, 1950, the relators filed a motion with the respondent to expunge from the records of the court the order setting aside the default, which motion was overruled on March 81, 1950.

Respondent made…