A Review Of 44 cash
A Review Of 44 cash
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National Cash Sign-up Corporation, a corporation, sued M. Morris on the promissory Notice and also to foreclose the lien of the chattel home loan on three cash registers. Defendant answered by a standard denial and specifically pleaded a payment of $one hundred, also claimed an agreed credit rating of $two hundred, and an offset of check here $one hundred, as a result of defects in among the list of cash registers for which the note was offered. The case was dismissed for want of prosecution February 28, 1930, but the subsequent working day, on verbal movement of plaintiff (no prepared movement is found in the report), the court docket set aside the judgment and reinstated the lead to. On April 26, 1930, the cause was experimented with in the absence of defendant, and resulted in judgment from him in favor of plaintiff for $473.sixty three, with foreclosure from the home finance loan lien on the cash registers. In the course of the exact term of court defendant filed a sworn motion to vacate the judgment, during which he alleged, as an excuse for currently being absent the day of trial, that neither he nor his attorney had information or observe of the motion to set aside the get of dismissal or that the situation were reinstated and subsequently tried out, right until Might 21, 1930, when the sheriff confronted him with an buy of sale and execution issued around the judgment; also, that he experienced meritorious defenses to your accommodate, to wit, the defensive matters setup in Specific pleas in his unique answer. Practically nothing within the file suggests that defendant's movement was contested by plaintiff, or that any evidence, in addition to the sworn allegations of your motion, was read or viewed as through the court. The motion was overruled; defendant excepted and perfected attractiveness. Defendant contends that his movement to vacate the judgment contained all important requisites entitling him to the aid sought, which is, an excuse for staying absent in the trial of the case, also meritorious defenses to plaintiff's cause of action, and more 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 lawyer had real recognize in the reinstatement of the case, nor of its subsequent demo along with the rendition of judgment, the concern stays, was defendant visited with statutory see of those proceedings?
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