Spaulding v. Thompson

The appellants recovered judgment against the appellees, in the Court below, by default, at the Octotober term, 1854. Afterwards, at the April term, 1855, Thompson filed his affidavit setting out, amongst other things, that previously to the default, he had employed an attorney to attend to and make defense to the action; that he implicitly relied upon the attorney to attend to the suit, wffio, for some reason unknown to the affiant, wholly neglected to attend to the same, -whereby judgment was rendered by default against him; and he prayed to be relieved from the. judgment thus taken, as it…