Sturgis v. Fay

At the October term, 1859, of the Allen Common Pleas, Fay commenced an action against Sturgis upon a promissory note. The writ in the cause was served by leaving a copy at the residence of Sturgis. There was judgment against him by default.

At the succeeding January term, Sturgis filed an affidavit showing that he was absent from the State when process was served, and was ignorant of the pendency of the suit till after judgment, and moved that the judgment be set aside. The affidavit' did not allege that affiant had any merits' in his application, nor show any excuse for not moving- to set…