Not known Details About 44 cash
Not known Details About 44 cash
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Nationwide Cash Register Enterprise, a corporation, sued M. Morris on the promissory note and also to foreclose the lien of the chattel house loan on 3 cash registers. Defendant answered by a check here general denial and specially pleaded a payment of $a hundred, also claimed an agreed credit rating of $two hundred, and an offset of $one hundred, on account of defects in among the cash registers for which the Take note was provided. The situation was dismissed for want of prosecution February 28, 1930, but the following day, on verbal movement of plaintiff (no created motion is located in the file), the court docket set aside the judgment and reinstated the induce. On April 26, 1930, the lead to was tried out inside the absence of defendant, and resulted in judgment from him in favor of plaintiff for $473.63, with foreclosure of the house loan lien around the cash registers. Through the exact time period of court docket defendant submitted a sworn motion to vacate the judgment, wherein he alleged, being an excuse for staying absent the working day of trial, that neither he nor his attorney experienced knowledge or observe of the motion to set aside the order of dismissal or that the case were reinstated and subsequently tried out, right up until Might 21, 1930, once the sheriff confronted him by having an buy of sale and execution issued around the judgment; also, that he experienced meritorious defenses towards the accommodate, to wit, the defensive matters setup in Unique pleas in his original solution. Practically nothing during the record signifies that defendant's motion was contested by plaintiff, or that any proof, other than the sworn allegations of your motion, was read or viewed as because of the courtroom. The motion was overruled; defendant excepted and perfected enchantment. Defendant contends that his motion to vacate the judgment contained all vital requisites entitling him towards the reduction sought, which is, an excuse for staying absent from the trial of the case, also meritorious defenses to plaintiff's reason for action, and even further contended that plaintiff would not be materially prejudiced by granting the motion. We expect defendant's motion was adequate. Getting proven that neither he nor his lawyer had genuine recognize of the reinstatement of the case, nor of its subsequent trial plus the rendition of judgment, the dilemma stays, was defendant frequented with statutory discover of those proceedings?
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