Connelly v. Franklin

MOiRIARTY, C.

This, appeal is from an order refusing to vacate a default judgment. Much of the space in the briefs of counsel is occupied in setting out affidavits dealing with matters that would properly be considered on the trial of the case if the judgment were vacated and appellant allowed to answer. The application was accompanied 'by an affidavit of merits and by a proposed answer that presents a defense prima facie valid. This being true, affidavits as to the facts put at issue by the complaint *514and this proposed answer are not material to' the question of the propriety of vacating the…