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Nationwide Cash Sign up Business, a company, sued M. Morris with a promissory Observe and to foreclose the lien of the chattel house loan on three cash registers. Defendant answered by a common denial and specifically pleaded a payment of $a hundred, also claimed an agreed credit history of $200, and an offset of $a hundred, because of defects in one of several cash registers for which the Be aware was offered. The situation was dismissed for want of prosecution February 28, 1930, but the subsequent working day, on verbal movement of plaintiff (no created movement is found in the document), the courtroom put aside the judgment and reinstated the induce. On April 26, 1930, the bring about was experimented with in the absence of defendant, and resulted in judgment versus him in favor of plaintiff for $473.sixty three, with foreclosure in the home finance loan lien about the cash registers. In the course of the similar phrase of court defendant submitted a sworn movement to vacate the judgment, by which he alleged, as an excuse for being absent the working day of trial, that neither he nor his legal professional experienced expertise or notice from the motion to put aside the get of dismissal or that the case were reinstated and subsequently 44 cash tried out, right up until Could 21, 1930, in the event the sheriff confronted him by having an order of sale and execution issued to the judgment; also, that he experienced meritorious defenses to your go well with, to wit, the defensive issues create in Exclusive pleas in his authentic respond to. Nothing at all while in the file suggests that defendant's movement was contested by plaintiff, or that any proof, aside from the sworn allegations in the motion, was heard or regarded as via the court. The motion was overruled; defendant excepted and perfected attractiveness. Defendant contends that his motion to vacate the judgment contained all essential requisites entitling him for the relief sought, that's, an justification for remaining absent in the trial of the situation, also meritorious defenses to plaintiff's reason for action, and more contended that plaintiff would not be materially prejudiced by granting the motion. We predict defendant's movement was enough. Acquiring shown that neither he nor his legal professional had genuine see with the reinstatement of the situation, nor of its subsequent demo and also the rendition of judgment, the issue continues to be, was defendant visited with statutory discover of such proceedings?
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