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National Cash Sign-up Organization, a corporation, sued M. Morris on the promissory note and also to foreclose the lien of a chattel mortgage loan on three cash registers. Defendant answered by a basic denial and specially pleaded a payment of $a hundred, also claimed an agreed credit rating of $200, and an offset of $a hundred, as a result of defects in one of the cash registers for which the Be aware was supplied. The situation was dismissed for want of prosecution February 28, 1930, but the next working day, on verbal motion of plaintiff (no written movement is present in the record), the courtroom put aside the judgment and reinstated the cause. On April 26, 1930, the lead to was attempted within the absence of defendant, and resulted in judgment from him in favor of plaintiff for $473.sixty three, with foreclosure from the mortgage loan lien about the cash registers. Through the same term of court docket defendant submitted a sworn motion to vacate the judgment, wherein he alleged, as an justification for currently being absent the working day of trial, that neither he nor his attorney experienced information or notice with the movement to put aside the purchase of dismissal or that the case were reinstated and subsequently experimented with, until finally Might 21, 1930, if the sheriff confronted him with an order of sale and execution issued within the judgment; also, that he had meritorious defenses for the go well with, to wit, the defensive issues put in place in special pleas in his unique solution. Absolutely nothing from the document implies that defendant's motion was contested by plaintiff, or that any proof, apart from the sworn allegations with the movement, was read or viewed as because of the court docket. The motion was overruled; defendant excepted and perfected attractiveness. Defendant contends that his movement to vacate the judgment contained all crucial requisites entitling him into the aid sought, that is definitely, an justification for getting absent with the trial of the case, also meritorious defenses to plaintiff's explanation for action, and further more contended that plaintiff wouldn't be materially prejudiced by granting the movement. We think defendant's motion was adequate. Possessing revealed that neither he nor his lawyer experienced true notice with the reinstatement of the case, nor of its subsequent demo and also the rendition of judgment, the query continues to be, was defendant visited with statutory recognize of these proceedings?
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