Stumph v. Bigham

This is an appeal from a decision at Special •Term, overruling'a motion by the defendant to set aside a judgment rendered against him on default, and to permit him to answer the complaint.

A bill of exceptions informs us that the motion was overruled on the ground, that the affidavit filed in support of it,, did not disclose a defense to the action.

The complaint, and affidavit combined, present this state of facts:

One Martha Dawson made her promissory note, and', secured it by a mortgage on certain real estate, described-in the complaint; which note, and mortgage became, by assignment, the…