Frazier v. Williams

Williams brought an action against Frazier to foreclose a mortgage. Judgment by default, for the plaintiff.

On the 9th day of the term, at which the default was taken, the defendant appeared, and moved the Court, on affidavits filed, that the default be set aside, and he be let in to defend. The plaintiff resisted, and the Court refused the motion, which ruling presents the question for discussion here.

As the motion, in this case, was made during the term at which the judgment was rendered, we think it might be made upon affidavit, and notice to the opposite party. _ Had it been after the…