Judgment by Default — Motion to Strike — Mistake.
Where an order, setting aside an order sustaining defendant's demurrer to the declaration, overruling the demurrer, and allowing defendant fifteen days in which to plead, was passed in the absence of defendant's counsel, and notice was not given to defendant by the clerk, as was customary in the case of an order so passed, a subsequent judgment by default for defendant's failure to plead, and an inquisition verdict and judgment nisi thereon, were properly struck out, although the thirty-day period prior to enrollment had expired, defendant having asked such relief immediately on learning of the judgment nisi.
After enrollment, a judgment by default may not be set aside except upon the ground of either fraud, deceit, surprise, or irregularity.
Upon a motion to strike out a default judgment after it is enrolled, the court proceeds in the exercise of a general equitable jurisdiction, and will consider all the facts and circumstances, but will require the movant to show clearly good faith, ordinary diligence, and a meritorious defense.
Decided November 20th, 1936.
SHEHAN, J., delivered the opinion of the Court.
Unreported cases.