Harh Hak Sae v. Lindsay

OPINION.

Tbe plaintiff, having obtained a judgment in an action on a promissory note written in Korean characters, took out execution which was levied by the officer, when the defendant within ten days after entry of the judgment filed a motion to vacate the judgment and for a new trial on the ground, as shown by an affidavit, that the note, when correctly translated, showed that he was not its maker but a witness to the signature of the maker. A new trial was ordered but the judgment has not been vacated and no bond has been filed by the defendant “conditioned for the payment of the full…