Hoag v. Old People's Mutual Benefit Society

Appellant sued appellee, and recovered judgment against him, in the court below, by default.

This was on the last day of the term. On the third day of the next ensuing term of the court the appellee filed an application, duly verified by affidavit, asking to have the default and judgment set aside under section 396, R. S. 1881.

This written application was entitled the same as the original cause, and was thus placed upon the docket. Appellant thereupon filed a motion to have the cause stricken from the docket, for the reason that the same was not. entitled as a complaint, or proceeding, in…