Cooper v. Johnson

Suit by Johnson against Cooper, the appellant, and one Maxley. Process was duly served on the defendants and judgment rendered by default. Afterwards and during the same term of the court at which the judgment was rendered, Cooper appeared, and on affidavit filed moved the court to set aside the judgment and default, and permit him *248to defend. The motion was overruled; to which ruling Cooper excepted, and appeals to this court.

The grounds of defense stated by Cooper in his affidavit were, that he executed the note on Sunday; that he signed the note only as surety for Maxley, and that after its…