French Wax Figure Co. v. Jupp Baxter Co.

This is a proceeding in error to the court of commom pleas of this county.

Suit was brought in that court - by the plaintiff here against the defendant here, and judgment taken against the defendant upon default. This judgment was taken at the September term, 1900, and, at the same term, upon motion of the defendant that default was set aside and the case reinstated upon the docket of the court.

It is to reverse this order, setting aside th9 default, that this proceeding is prosecuted.

On the part of the plaintiff in error it is conceded that the granting of the motion was within the discretion…