Hahn v. Gates

April 21, 1896, in a case wherein the appellee was plaintiff, and the appellant was defendant, then pending in the Circuit Court, upon a declaration in assumpsit and plea of non-assumpsit, the appellee recovered judgment by a trial ex farte.

The appellant moved to vacate and set aside the judgment, which motion the court denied June 9, 1896, holding that it had no jurisdiction to entertain the motion.

Whether it had such jurisdiction or not, we need not consider, if the denial of the motion was right upon the merits. The Supreme Court hold that it is no ground for reversing a judgment of this…