Semple & Birge Manufacturing Co. v. Thomas

The action was brought before a justice of the peace for $35.05, balance of account claimed to be due to plaintiff. On March 31st, the day named in the summons, the plaintiff did not appear before the justice, and defendant, answering on oath, admitted his indebtedness in the sum of $14.97, for which amount the justice, then and there, rendered judgment. On the 7th of April, plaintiff moved to set aside the judgment, on the ground that he was not informed of the day of trial. The justice set aside the judgment, and' granted a new trial, set the case for April 21st, and issued notioe of that…