Comstock v. Whitworth

It is claimed that the circuit court erred in setting aside a default and judgment thereon which had been' rendered against the appellee, and in overruling the motion of the appellant for a new trial.

The proceeding to set aside the default was had under the 99th section of the code, and was instituted within four days after the rendition of the judgment. The appellee had appeared by attorney, and had answered by a sworn plea, denying the execution of the note sued on, but, not appearing on the day for trial, his attorney withdrew his appearance and permitted the judgment to go by default. The…