Slocumb v. . Anderson

This is a rule to set aside a judgment which, upon the face of the record, appears to have been entered at Fall Term, 1810, of the Superior Court of Cumberland County. The irregularity complained of is that the judgment never was taken in term-time, but really was confessed out of court in the month of January, 1811, and entered by consent in vacation as of the preceding term. This allegation on the part of Anderson is supported by his own affidavit, and corroborated by a letter from him to the plaintiff's agent, and produced by the agent in showing cause against this rule. It is moreover to…