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Countrywide Cash Sign up Business, a company, sued M. Morris over a promissory note and also to foreclose the lien of the chattel mortgage loan on 3 cash registers. Defendant answered by a standard denial and specifically pleaded a payment of $100, also claimed an agreed credit score of $two hundred, and an offset of $100, as a consequence of defects in one of several cash registers for which the Take note was presented. The case was dismissed for want of prosecution February 28, 1930, but the next working day, on verbal movement of plaintiff (no created motion is located in the record), the court set aside the judgment and reinstated the bring about. On April 26, 1930, the cause was tried out from the absence of defendant, and resulted in judgment against him in favor of plaintiff for $473.63, with foreclosure in the home finance loan lien on the cash registers. Through the very same expression of courtroom defendant filed a sworn movement to vacate the judgment, by which he alleged, as an excuse for getting absent the day of trial, that neither he nor his lawyer experienced awareness or notice with the movement to put aside the buy of dismissal or that the case had been reinstated and subsequently attempted, until May 21, 1930, in the event the sheriff confronted him with an order of sale and execution issued on the judgment; also, that he experienced meritorious defenses to the accommodate, to wit, the defensive issues build in Exclusive pleas in his first solution. Nothing at all within the file suggests that defendant's motion was contested by plaintiff, or that any proof, apart from the sworn allegations on the motion, was read or regarded as from the court docket. The motion was overruled; defendant excepted and perfected charm. Defendant contends that his movement to vacate the judgment contained all vital requisites entitling him into the reduction sought, that's, an justification for getting absent from the demo of the case, also meritorious defenses to plaintiff's explanation for action, and even further contended that plaintiff would not be materially prejudiced by granting the motion. We expect defendant's movement was enough. Acquiring demonstrated that neither he nor his attorney had genuine notice in the reinstatement of the situation, nor of its subsequent trial as well as rendition of judgment, the concern remains, was defendant frequented with statutory recognize of such proceedings?
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