Jones v. Keyes

By the Court,

Cole, J.

This is an appeal from an order of the circuit court denying a motion to set aside a judgment and for leave to file an answer. The judgment was entered up on a note and warrant of attorney. The appellant sought to set the judgment aside, and litigate a matter growing out of the note transaction. In the answer accompanying the application, it is alleged that the respondent had collected and received fifty dollars justly belonging to the appellant, which should be applied in part payment of the note. It is not denied that the answer discloses merits, but it is contended…