Kerr v. Mayhew

Opinion of the Court, by

McCully, J.

The Court is asked to review and set aside the judgment of default against the garnishee for failure to appear and answer.

The facts in the case and the affidavits made for and against are set forth fully and at large in the opinion given by Mr. Justice Preston in refusing the motion to set aside the default, and we refer to it.

Whatever reasons may justify setting aside a default in any case, we are clearly of opinion that none exist in this case. It will not do to permit the understandings and misunderstandings said to have prevailed, to set aside the plain…