James v. Lutz

Decided March 25, 1915

New Mexico Supreme Court · decided 1915-03-25

L. Medler, Judge. Action by P. G. James against Henry Lutz and another. From an order, overruling a motion to vacate, judgment, defendants appeal. This case, by consent, was set down for trial. Counsel for appellant was engaged in the trial of two cases on a certain day, finished therewith and left the court house at four in the afternoon.

Beversed and remanded, with directions · Decided 1915-03-25

¶1OPINION OP THE COURT.

MECHBM, District Judge.

¶2— This is an appeal from an order overruling a motion to vacate a judgment. We have but the appellants’ side of it; the appellee having defaulted.

¶3While the court may have been justified in its action, yet the brief and argument of counsel for appellants, and the motion to set the judgment aside, show that appellants did not have an opportunity to be heard, and that no fault is imputable to them or their attorney. The circumstances of the case are such as.might easily be explained in a manner to support the ruling of the trial judge; but, in the absence of any explanation on the part of the appellee, we are constrained to reverse the case and remand it, with instructions to vacate the judgment as prayed.

Boberts, C. J., and Parker, J., concur.