Title Insurance & Trust Co. v. King Land & Improvement Co.

The appeals here presented were taken from an order denying the several motions of the appealing defendants to set aside a judgment and to relieve them from a default entered against them.

The action was upon a promissory note executed to the plaintiff by the King Land and Improvement Company, Charles Kern, W. J. King, G. W. Burleigh, A. C. Black, H. E. Smith, H. C. Cartmell, C. R. Ward, Robert MePadden, William L. Inness, and Albert Puller, all of whom were made defendants. The appealing defendants are Black, Smith, Cartmell, Inness, Puller, and Kern, each of whom had suffered a default to be taken and entered against him. The defaults of all except Kern were entered by the clerk on January 4, 1909. Kern joined in an answer with the other defendants, Ward, Burleigh, and MePadden, but at the beginning of the trial, to wit, on June 1, 1909, he withdrew therefrom and thereupon his default was duly entered by the court. The judgment was rendered on March 3, 1910. The motion to have the defaults and the judgment set aside was made on May 16, 1910.

It is apparent that the applications to set aside the defaults came too late. They were made under the provisions of section 473 of the…