Samuel Ach Co. v. Thorpe

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order of the court setting aside a judgment rendered .in the absence of defendants or their counsel, which absence is alleged to have resulted from the mistake, neglect or omission of the clerk.

The matter came up in this way: Plaintiff sued on an account for merchandise sold, and alleged that the defendants named were partners doing business under a trade name. The trial court directed a verdict for defendants. The plaintiff appealed, and the judgment of the trial court was reversed (Samuel Ach Co. v. Thorpe, 115…