44 CASH NO FURTHER A MYSTERY

44 cash No Further a Mystery

44 cash No Further a Mystery

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National Cash Sign-up Company, a corporation, sued M. Morris on the promissory Observe and to foreclose the lien of a chattel home finance loan on a few cash registers. Defendant answered by a normal denial and specially pleaded a payment of $one hundred, also claimed an agreed credit of $200, and an offset of $a hundred, thanks to defects in among the list of cash registers for which the Notice was provided. The situation was dismissed for want of prosecution February 28, 1930, but the following day, on verbal motion of plaintiff (no penned motion is present in the record), the courtroom put aside the judgment and reinstated the cause. On April 26, 1930, the bring about was tried out inside the absence of defendant, and resulted in judgment versus him in favor of plaintiff for $473.63, with foreclosure of your home finance loan lien around the cash registers. During the similar phrase of courtroom defendant submitted a sworn motion to vacate the judgment, in which he alleged, being an justification for being absent the day of trial, that neither he nor his legal professional experienced knowledge or see on the motion to set aside the get of dismissal or that the situation had been reinstated and subsequently tried out, until eventually Might 21, 1930, when the sheriff confronted him by having an get of sale and execution issued to the judgment; also, that he experienced meritorious defenses to your match, to wit, the defensive issues build in Specific pleas in his initial respond to. Almost nothing from the report indicates that defendant's motion was contested by plaintiff, or that any evidence, aside from the sworn allegations from the movement, was heard or regarded as by the courtroom. The motion was overruled; defendant excepted and perfected attraction. Defendant contends that his motion to vacate the judgment contained all critical requisites entitling him on the reduction sought, that may be, an justification for staying absent from the demo of the case, also meritorious defenses to plaintiff's reason behind action, and more contended that plaintiff wouldn't be materially prejudiced by granting the movement. We think defendant's movement was enough. Owning shown that neither he nor his legal professional had true observe of your reinstatement of the case, nor of its subsequent demo and also the rendition of judgment, the issue stays, was defendant visited with statutory notice of such proceedings?

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