STANDARD STATISTICS CO., INC. v. DAVIS

DEFAULTS, § 109 — when order vacating judgment is premature. Where plaintiff filed motion to strike defendant's verified motion to vacate default judgment on promissory note, and trial court entered order vacating judgment without first passing upon plaintiff's motion to strike, such action on part of trial court constituted error, and order so entered would be reversed and cause remanded.

Opinion by JUSTICE SCANLAN.

"Not to be published in full." Opinion filed December 30, 1942.