Broad and Market National Bank v. Weisen

The opinion of the court was delivered by

Parker, J.

The fundamental error alleged is that, after interlocutory judgment by default against the defendant-appellant, final judgment was entered as on an assessment of damages in the usual course, when in fact such damages were not formally assessed as provided by law and the rules of court. The judge of the Essex Circuit Court was asked to open the judgment and declined to do so, on grounds presently to be stated.

No’ qirestion either of surprise or of merits is present in the the case. Appellant was the maker of a promissory note for $675 held in…