David v. Bradley

This was an action of debt, upon a replevin bond, to recover damages for a failure to make return of the property replevied, in accordance with the condition of the bond and order of court.

Defendants below were defaulted. They subsequently entered a motion to set aside the default, filing affidavits in support of the motion. The court denied the motion.

This is assigned for error; but we can not review this ruling of the court, as the affidavits upon which the motion was based are not brought into the record by any proper bill of exceptions. All the proceedings in respect thereto, as shown by…