Burge v. Burge

Defendant in error filed a bill to obtain a divorce from her husband. A summons .was issued on the 9th day of May, 1876, returnable to the first Monday of the following August. The writ was duly served on defendant, and on the 10th day of August, he failing to appear or make defense, a default was entered, the bill taken pro oonfesso, proofs were heard and the prayer of the bill allowed, and a divorce decreed. Nine days afterwards, defendant appeared and entered a motion, based on his affidavit, to set aside the default, and to be permitted to answer the bill. The motion was not accompanied…