McNulty v. Everett

The facts and the conclusion of the court were stated by —

Wright, Oh. J.

Where a judgment by default was taken against two defendants, on the second day of the term, and on the next day, *582one of them filed his affidavit of merits, and excusing his default upon the ground that he was the surety of his co-defendant, and had depended upon him to employ counsel and prepare the defense, according to his promise; and when on the day after this, the principal filed a like affidavit, and excused his default, upon the ground that he had been informed, by what he deemed a reliable source, that the “ term…