Goldsberry v. Carter

— Carter sued Goldsberry in the court below on a promissory note. The summons was served on the *60defendant on the 10th of' December, 1866. The term commenced on the 4th of February, 1867. The defendant was defaulted on the 6th of the latter month, and a judgment was rendered for the amount of the note and interest. The defendant, during the term, and five days after the rendition of the judgment, moved the court to set aside the default, and in support thereof filed his affidavit, in which he swears that he believes he has a meritorious defense to the action; that he was taken by surprise,…