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National Cash Sign-up Enterprise, a company, sued M. Morris with a promissory Take note also to foreclose the lien of the chattel property finance loan on 3 cash registers. Defendant answered by a general denial and specially pleaded a payment of $one hundred, also claimed an agreed credit history of $200, and an offset of $100, as a result of defects in one of several cash registers for which the Be aware was offered. The case was dismissed for want of prosecution February 28, 1930, but the next day, on verbal motion of plaintiff (no prepared motion is found in the report), the court docket set aside the judgment and reinstated the trigger. On April 26, 1930, the trigger was experimented with within the absence of defendant, and resulted in judgment versus him in favor of plaintiff for $473.63, with foreclosure of the mortgage lien to the cash registers. During the similar expression of courtroom defendant submitted a sworn motion to vacate the judgment, in which he alleged, being an excuse for staying absent the working day of trial, that neither he nor his legal professional had expertise or discover of your motion to set aside the get of dismissal or that the case were reinstated and subsequently tried, right up until Might 21, 1930, in the event the sheriff confronted him using an get of sale and execution issued within the judgment; also, that he experienced meritorious defenses to the accommodate, to wit, the defensive matters arrange in Exclusive pleas in his primary respond to. Nothing at all while in the record indicates that defendant's movement was contested by plaintiff, or that any proof, besides the sworn allegations in the motion, was listened to or considered with the court. The motion was overruled; defendant excepted and perfected appeal. Defendant contends that his movement to vacate the judgment contained all essential requisites entitling him on the aid sought, that is, an excuse for getting absent in the demo of the case, also meritorious defenses to plaintiff's explanation for motion, and further more contended that plaintiff wouldn't be materially prejudiced by granting the movement. We think defendant's movement was enough. Acquiring proven that neither he nor his attorney had real see in the reinstatement of the situation, nor of its subsequent trial as well as rendition of judgment, the question continues to be, was defendant visited with statutory discover of such proceedings?
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