Storey v. Mueller

Justice of Peace—Opening Default—Motion not Responsive to Notice.—A justice of the peace has no jurisdiction to set aside a default judgment where the motion therefor is not responsive either to the motion noticed or to the affidavit filed in support thereof.

Id.—Excusable Neglect—.Motion After Ten Days.—A justice of the peace is without jurisdiction to set aside a default judgment on the ground of excusable neglect, upon a motion by the defendant made over ten days after the entry of the judgment and based on the ground that his time to answer had not expired when the judgment was entered.