Wagner v. Edgington Coal Co.

MilleR, Judge:

This writ of error was awarded to the action of a judge of the Circuit Court of Ohio County in setting aside a default judgment entered by him on a motion for judgment pursuant to notice duly served on defendant and returned to the office of the clerk of the court. On the return day named in the notice, which came in term time, defendant failing to appear, plead, answer or demur, judgment was entered against it, on plaintiff’s motion. Before the end of the term defendant learned of the judgment and moved the court to set the same aside, and asked that it be permitted to file its…