Purdy v. Upton

Brown, Justice.

This is an application by Margaret Smith, a judgment creditor of George Upton, to set aside the judgments entered by confession in each of the above entitled actions. The questions involved are similar, or nearly so, and may with propriety be determined together. The affidavit and the written statement in each action are both upon the same page, and the signature is to the affidavit, and not to the statement and affidavit separately. So far as the signature is concerned, there is a substantial compliance with § 383 of the Code.

The second subdivision of the section requires that…