Darlington v. Warner

Action by Warner against Darlington on a note. An answer of several paragraphs was filed, and replication.

On the second day of the Jwne term of the Court, 1858, the plaintiff not appearing on being called, the action was dismissed on the defendant’s motion, for the want of prosecution, and judgment for costs rendered against him. On the seventh day of the same term, the plaintiff appeared and moved, on affidavit filed, to set aside the default and judgment against him, which motion was granted. The cause was continued, and at the next term, on motion of the plaintiff, the entry made at the…