G. W. Macfarlane & Co. v. McCandless

Opinion op the Court, by

Bickerton, J.

Judgment was obtained by the plaintiffs in this case on the 21st of November last, defendant not answering, and default having been granted by the Court. At the close of the January term a motion was made to set aside default, defendant claiming that service was defective, in that no copy of the petition and summons was left with him by the officer. After hearing, the Chief Justice affirmed the judgment, and the matter now comes here on appeal from that decision.

*119By the Court.

The question of discretion of the Court has been passed upon by this Court. “An…