Henry v. Seager

Me. Presiding Justice Windes

delivered the opinion of the court.

It is argued on behalf of appellant that certain affidavits, read in support of the bill on the motion to dismiss, are not sufficient to justify the decree of the chancellor in setting aside the judgment. However this contention may be, we think appellant has waived all question in that regard. He was given an opportunity to answer the bill, as appears from the record, of which he refused to avail himself, and allowed a decree yira confessó to be taken against him. In that state of the case, the chancellor need not have heard any…