Packer v. Wetherell

This, was an action against appellant as guarantor of a promissory note, and on the trial in the Circuit Court, in the absence of appellant, a verdict was rendered against him for the amount of the note and interest. A few minutes after the verdict was rendered, a motion was made by defendant to set aside the verdict, which was overruled and judgment rendered.

The bill of exceptions contains affidavit of defendant from which it appears that the reason why appellant and his attorney were not present at the trial was that they were engaged before a justice of the peace at 39th and State streets…