MERRILL, Justice.
The appellee sued appellant for damages in deceit. The appellant made no appearance or answer and when the cause came on to be heard the appellee withdrew his demand for jury trial, Title 7, § 260, as amended, Code of 1940, and the court after hearing the evidence rendered a default judgment against the appellant on November 12, 1953. On December 9, 1953, the appellant, appearing specially for the sole purpose of filing the motion, filed a motion...
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