§ 16-19-705 - Setting aside judgment by default or dismissal for want of prosecution.
16-19-705. Setting aside judgment by default or dismissal for want of prosecution.
A judgment of dismissal for want of prosecution, or judgment by default, may be set aside by the justice at any time within ten (10) days after being rendered if the party applying therefor can show a satisfactory excuse for his default, and a meritorious cause of action or meritorious defense. Upon such a showing of a satisfactory excuse for default and a meritorious cause of action or defense, a new day shall be fixed for trial, and notice shall be given to the opposite party, and any execution which may in the meantime have been issued shall be recalled in the same manner as in cases of appeal. The cause shall proceed to trial as though no such judgment had been taken.