Schofield's Sons Co. v. Vaughn

1. Under the Civil Code (1910), § 5654, a defendant, at any time within thirty days after an entry of “default” and before judgment, upon payment of all accrued costs, may, as a matter of right, open the default and file Ms defense; and under section 5656 of the Civil Code the judge may at the trial term, on payment of costs and before judgment, “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…