Jelley v. Gaff

Complaint by the appellees, against the appellant, on a promissory note. On the first day of the term, the parties appeared, and the appellant was “ ruled to answer on or before the next calling of the cause,” to which rule no objection was made. On the fifth day of the' term, the appellant not having complied with the rule, the court, upon the regular calling of the cause, closed the rule against him, and “entered judgment as upon a default.” 2 R. S. 1876, p. 67, sec. 69. On the sixth day of the term, the appellant moved “ to vacate and set aside the judgment taken against him,” and allow…