Barnes v. Smith

Suit by the appellee against the appellants on a promissory note. Judgment by default. Motion by defendants to set aside-the default, and to be allowed to answer. The ground of the motion, as disclosed by the affidavit of one of the defendants and that of the attorney for the defendants, was that the atorneys of the parties had agreed that there should be a judgment -for the plaintiff, by default, but that the judgment had been taken for a larger sum than had been mentioned in the agreement. The agreement was by parol and made out of court. There was a rule of the court that “ admissions or…