Woodward v. Backus
Woodward v. Backus
Opinion of the Court
This is an appeal from an order setting aside a judgment by default. The points in the case relate to the sufficiency of the affidavits upon which the order was based. It is contended that the
Order affirmed.
Reference
- Full Case Name
- WOODWARD, Administrator v. BACKUS
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- The granting or refusing of a motion to set aside a default based upon affidavits is a matter within the proper discretion of the Court before whom the motion is made; and unless that discretion has been abused, the appellate Court will not interfere. On application by defendant to set aside a default, an affidavit by him stating that the case has been fully and fairly represented to counsel, who have advised affiant that he has a good, full and perfect defense on the merits, is. sufficient on that point, without stating the facts constituting the defense..