Sample v. Gilbert

By the record in this case, it appears that the appellant recovered a judgment against the appellee by default, before a justice of the peace, on the 15th day of May, 1871, after personal service of the summons by reading ; that on the 17th day of the same month the appellee appeared before the justice, and paid the costs in full. He did not move to set aside the default or for a new trial, or take any other action in the case until the 23d day of June ■of the same year, when he appeared in the common pleas court and on his motion, supported by his own -affidavit, obtained an order upon the…