Smith v. Livesey

The opinion of the court was delivered by

Dixon, J.

The plaintiffs having regularly entered judgment

by default against the defendants in the Supreme Court, the defendants applied to that court to open the judgment, on the ground that the default was due to the neglect of their attorneys and they had a meritorious defence which should be submitted to a jury. The court refused to open the judgment, and thereupon the defendants sued out this Avrit of error, contending that such refusal was erroneous in law.

By the common law an application to open a judgment regularly entered was addressed wholly…