Kahue v. Palaualelo

OPINION OF THE COURT BY

COKE, C. J.

Tlie petitioner-appellee instituted in the circuit court of the second judicial circuit a suit in equity to cancel a deed. The respondent-appellant, although duly served Avith process, failed to ansAver Avithin the prescribed time and upon motion of the petitioner an order Avas made by the circuit judge declaring him in default. Subsequently the appellant interposed a motion supported by affidaidts to open the default. From the decision denying the motion the appellant has appealed to this court. The petitioner now .presents a motion to dismiss the appeal on…