Davison v. Baker

Bockes, Justice.

By the judgment roll it appears that the summons and complaint were served on the defendant personally, on the 7th May, 1861; that in June, 1862, an order was obtained—the defendant having neglected to appear—directing an assessment of plaintiff’s damages under a writ of inquiry. The writ issued and was executed on the 5th July, 1862, and the damages were assessed' at $500, for which sum, with costs, judgment was entered July 22d, 1862.

The defendant moves, on the roll and on his own affidavit, with that of James E. Brumley and of Augustus Prentice, to set aside the entire…