Lamb v. Nelson

This was a suit on a promissory note by the assignee against the maker. The defendant demurred to the peti*502tion; the demurrer was put on the law docket of the court, and when reached in its regular order (the defendant being absent, but having submitted the questions arising on the demurrer without argument) it was taken up, and, on motion of the plaintiff, was stricken out as frivolous; and the court then and there gave judgment for the plaintiff for the amount of the note and interest. Five days afterwards the defendant appeared and moved the court to set the judgment aside and grant him…