Ellis v. Jones

Gridley, Justice.

This motion must be denied—

1. The judgment is regular, and was entered against the defendant by default, on the advice of counsel taken by the defendant, that he had no defence, upon a full knowledge of all the facts. Now, to set aside this judgment, so entered, and permit the defendant to come in and plead to the action, should not be allowed without a full and clear affidavit, explaining on what particular ground his defence rests, and the nature of his counsel’s mistake. In an ordinary case, I am of opinion that an affidavit of merits, which *297satisfies the 39th rule of this…