Ballard v. . Gay

Avery, J.:

The Judge below heard, at the October Term of the Court, two motions. First, upon motion of the defendants, supported by numerous affidavits, he ordered that a judgment by default, entered against them at the previous June Term, be vacated on the ground that the failure to enter an appearance at last named term was excusable neglect. So soon as the appeal was reinstated upon the docket by this judgment, and counsel had appeared for defendants, the plaintiffs moved the Court to dismiss the appeal for failure of the defendants to cause it to be docketed before the term of the Superior…