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Countrywide Cash Register Corporation, a company, sued M. Morris on a promissory Be aware and to foreclose the lien of the chattel mortgage loan on a few cash registers. Defendant answered by a general denial and specially pleaded a payment of $100, also claimed an agreed credit of $200, and an offset of $one hundred, as a result of defects in one of several cash registers for which the Take note was offered. The case was dismissed for want of prosecution February 28, 1930, but the next day, on verbal movement of plaintiff (no prepared movement is present in the report), the court docket set aside the judgment and reinstated the result in. On April 26, 1930, the cause was tried out in the absence of defendant, and resulted in judgment versus him in favor of plaintiff for $473.63, with foreclosure of the property finance loan lien about the cash registers. In the course of the exact same expression of courtroom defendant filed a sworn motion to vacate the judgment, by which he alleged, as an excuse for getting absent the working day of trial, that neither he nor his attorney experienced understanding or discover from the motion to set aside the get of dismissal or that the case were reinstated and subsequently tried using, right until May perhaps 21, 1930, if the sheriff confronted him with an get of sale and execution issued on the judgment; also, that he had meritorious defenses into the fit, to wit, the defensive issues setup in special pleas in his primary respond to. Nothing at all during the history signifies that defendant's movement was contested by plaintiff, or that any evidence, in addition to the sworn allegations with the motion, was read or viewed as through the court docket. The motion was overruled; defendant excepted and perfected enchantment. Defendant contends that his motion to vacate the judgment click here contained all critical requisites entitling him on the relief sought, that is certainly, an justification for currently being absent from the trial of the situation, also meritorious defenses to plaintiff's cause of motion, and additional contended that plaintiff wouldn't be materially prejudiced by granting the motion. We think defendant's motion was adequate. Possessing proven that neither he nor his attorney experienced actual observe of your reinstatement of the case, nor of its subsequent trial along with the rendition of judgment, the question remains, was defendant visited with statutory recognize of these proceedings?

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