Allen v. Clift

Opinion by

Judge Pryor :

While the preponderance of the testimony shows the execution of an agreement by which judgment was to be rendered for the appellant, yet the appellee seems not to have been present in the court by himself or attorney consenting to the judgment; and the court is required to try the case in the absence of the defendant upon what transpired out of court between the parties relative to a settlement of the controversy, when an answer making a substantial defense had been filed.

It was within the discretion of the court to set the judgment aside, and there was no such abuse of…