Harkness v. Jarvis

— Plaintiff brought this action returnable to the January, 1901, term to recover judgment on a promissory note. There was personal, service on defendants but when the case was called for trial at said January term, defendants did not appear, neither did they file an answer. Judgment was rendered for plaintiff by default. After the expiration of *278the four days’ time allowed for motions for new trial and in arrest of judgment, but at the same term, the defendants filed a motion to set aside the judgment for reasons therein alleged. The motion was not acted on by the court at that term, but went…