Scales v. Labar

It is the rule of this court to regard the matter of setting aside defaults as largely discretionary with the circuit court, and to interfere only in cases where it is plain that such discretion has been wrongfully and oppressively exercised. We can not say the present is a case of that character. The plaintiffs in error claim they had filed a plea before the default was taken. The record, however, is silent upon that point, and the affidavits filed to establish that fact are so loosely drawn that only by a wide latitude of construction can they be regarded as stating that a plea had been…