Weber v. Schmeisser

Opinion of the Court, delivered by

Scott, Judge.

This was an action commenced by the appellee against the appellant in a justices’ court, on an account. An appeal was taken to the court of common pleas, where the appellee had judgment, from which an appeal has been taken to this court. After the trial, in the court below, *601the appellant moved to set aside the judgment, and filed an affidavit in support of his motion, which set forth causes why he and liis counsel were not in court when the cause was tried. The affidavit further alleged that the party had a just defence to the action. The…