Pingree v. Reynolds

DOOLING, J., pro tem.

This is an appeal by plaintiffs from an order setting aside a default entered after failure to appear and plead within the time allowed by law. The motion was supported by the affidavit of defendant’s attorney. The sufficiency of the affidavit to support the order is attacked on the grounds that the facts set out do not show any legal justification for defendant’s failure to appear in time, and that they are hearsay as to affiant attorney. We pass these questions because the affidavit of merits is clearly insufficient under the settled practice. The affidavit of merits…